Magistrates Court Act 1930 (ACT)
Magistrates Court Act 1930
A1930-21
Republication No 104
Effective: 26 November 2025
Republication date: 26 November 2025
Last amendment made by A2025‑29
About this republication
The republished law
This is a republication of the Magistrates Court Act 1930 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Magistrates Court Act 1930
Contents
Page
Chapter 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
Chapter 2 Magistrates Court and magistrates
Part 2.1 The court
4 Constitution of court 3
5 Arrangement of court business 3
5A Magistrate for matter not available 4
Part 2.2 Appointment and jurisdiction of magistrates
Division 2.2.1 Magistrates other than special magistrates
6 Meaning of magistrate in div 2.2.1 5
7 Appointment of Chief Magistrate and other magistrates 5
7AA Requirements of appointment—magistrates 5
7A Eligibility for appointment as magistrate 6
7B Seniority of magistrates 6
7C Conditions of appointment of magistrates 6
7D Term of appointment of magistrates 7
7E Acting Chief Magistrate 7
7F Retirement 7
7G Magistrates not to do other work 8
7H Rights of public servants 8
Division 2.2.2 Special magistrates
8 Appointment of special magistrates 8
8AA Requirements of appointment—special magistrates 9
8A Term of appointment of special magistrates 9
8B Conditions of appointment of special magistrates 9
Division 2.2.3 Registrar and other court officers
9 Appointment of registrar etc 10
9B Functions of registrar and deputy registrars 10
Division 2.2.3A Judicial officers exchange
9C Definitions—div 2.2.3A 11
9D Establishment of judicial exchange arrangements 11
9E Transfer of judicial officer of another jurisdiction to ACT court 12
9F Service in ACT court of judicial officer of another jurisdiction 13
9G Service of ACT judicial officer in corresponding court 13
9H Judicial office not affected by appointment to another judicial office 14
9I Other arrangements not affected 15
9J Amendment of sch 2 15
Division 2.2.4 Jurisdiction of magistrates
10P Oath etc of office 15
11 Acts done beyond ACT 16
12 Acts by magistrate out of court etc 16
13 Making of enforcement order after case decided 16
15 Process not invalid only because of death of magistrate etc 17
16 Order instead of mandamus order 17
17 Magistrates may exercise functions of justices of peace 17
Part 2.3 Protection of magistrates in execution of their office
17A Protection and immunity of magistrates 18
17D No action for acts done under Supreme Court order 18
Chapter 3 Criminal proceedings
Part 3.1 Preliminary
18A Definitions for ch 3 19
Part 3.2 Criminal jurisdiction
19 Jurisdiction of court 20
21 Jurisdiction of court if defendant absent from ACT 20
22 Proceeding of court if it considers offence should be dealt with on indictment 20
Part 3.3 Beginning criminal proceedings
Division 3.3.1 Beginning criminal proceedings—general
25 Informations 21
Division 3.3.2 Informations
26 Laying of informations 21
27 Description of people and property and of offences 21
28 Power of court to amend information 21
29 Court may adjourn hearing if amendment made 22
30 Form of information 22
Division 3.3.3 Summonses
37 When magistrate may issue summons 22
38 Form of summons 23
41 Service of summons 23
Division 3.3.3A Court attendance notices
41A Definitions—div 3.3.3A 23
41B Commencing criminal proceeding by court attendance notice 24
41C Court attendance notice––service 25
41D Court attendance notice—filing 25
41E Court attendance notice—relationship to information and summons 26
Division 3.3.4 Warrants
42 Issue of warrant and summons 26
43 Procedure on filing indictment 27
44 Direction of warrant 28
45 Any police officer may execute warrant 28
47 Form of arrest warrant 29
48 Warrant to be in force till executed 29
49 Sunday warrants 29
Part 3.4 Hearing of criminal proceedings
Division 3.4.1 Hearing of criminal proceedings—general
53 Conduct of case generally 30
54 If both parties present in court to hear case 30
Division 3.4.2 Warrants for witnesses
62 Definitions—div 3.4.2 31
63 Warrant to bring witness to court 31
64 First instance warrant 32
65 Warrant remains in force until executed 33
66 Executing a warrant 33
67 Procedure after arrest 34
68 Orders following executed warrant 35
Division 3.4.3 Remand
70 Remand of defendant 36
72 Bringing remanded defendant before court 37
72A Bail application hearings—audiovisual links 37
72B Defendant’s appearance in non-bail proceedings—audiovisual links 38
Division 3.4.4 Committal and recognisance
73A Extended application of div 3.4.4 38
74 Remand of defendant before decision 38
75 Remand of witness or defendant after decision 39
76 Witnesses may be discharged on recognisance 39
77 Recognisances 39
78 Issue of warrant for non-appearance 39
79 Recognisances taken out of court 39
80 Forfeited recognisances—how enforced 40
Division 3.4.5 Adjournment of criminal proceedings
83 Magistrate may adjourn court generally 40
84 Particular cases may be adjourned 40
85 Proceeding if either party not present at adjourned hearing 41
86 Proceeding if both parties present at adjourned hearing 41
87 Witness to attend adjourned etc hearing 41
88 Postponement of hearing 42
Part 3.5 Proceedings for indictable offences
Division 3.5.1 Dispensing with application of part
88A Dispensing with application of part in interests of justice 43
Division 3.5.1A Waiver of committal proceedings
88B Court may waive committal proceedings 43
Division 3.5.2 Indictable offences—beginning of proceedings
89 Indictable offences—issue of warrant for non-appearance 44
89A Accused person may be excused from attendance before court 45
90 Committal proceedings—prosecutor must give brief of evidence to accused person 47
90AAA Address and contact details of people generally must not be disclosed as part of pre-committal disclosure 49
90AAB Material used to give evidentiary certificate etc need not be disclosed as part of pre-committal disclosure 50
90AAC Effect of pre-committal disclosure obligations on other laws 51
90AAD Prosecutor must allow inspection of certain disclosed matters on request 52
90AA Written statements may be admitted in evidence 52
90AB Witnesses generally not to be cross-examined at committal hearing 54
90ABA Attendance of accused not required if order made under s 89A 55
90A Plea of guilty at committal hearing 55
90B Back-up and related offences––transfer to Supreme Court 58
91 Proceeding following prosecution evidence 59
92A Committal for sentence for indictable offence tried summarily 60
92B Depositions as evidence 61
93 Admissions and confessions 61
Division 3.5.3 Indictable offences—proceedings after hearing of evidence
94 Discharge or committal for trial 61
95 Depositions of dead or absent people 62
96 Evidence for defence 63
Division 3.5.4 Indictable offences—costs
97 Discontinued proceeding 63
Division 3.5.5 Indictable offences—witness recognisances
103 Recognisance of witnesses etc 64
104 Signature of magistrate—notice to witnesses 64
105 Court may remand noncompliant witness 64
Division 3.5.6 Indictable offences—other provisions
105A Meaning of certified copy of depositions in div 3.5.6 65
106 Giving depositions etc to director of public prosecutions 65
107 Giving documents to proper officer of court 66
108 Accused person may obtain copies of depositions etc 66
Part 3.5A Pre-hearing disclosure for offences punishable summarily
108AA Application—pt 3.5A 67
108AB Prosecutor must give brief of evidence to defendant who pleads not guilty 67
108AC Ongoing duty of disclosure by prosecutor 69
108AD Prosecutor must allow inspection of certain disclosed matters on request 70
108AE Address and contact details of people generally must not be disclosed under pt 3.5A 70
108AF Material used to give evidentiary certificate etc need not be disclosed under pt 3.5A 72
108AG Sanctions for non-compliance with disclosure requirements 72
108AH Effect of pt 3.5A on other laws 72
Part 3.6 Proceedings for offences punishable summarily
108A Indictable offences dealt with summarily 74
109 Dismissal or adjournment in absence of informant 74
110 Hearing in absence of defendant 75
111 Adjournment if defendant does not appear 76
112 Summary proceedings—issue of warrant for non-appearance at adjourned or postponed hearing 77
112A Court may direct defendant to appear 77
113 Proceeding at hearing on defendant’s confession 78
114 If defendant does not admit the case 78
115 Conduct of summary proceeding 79
Part 3.7 Service and pleading by post for certain offences
116A Definitions for pt 3.7 80
116AA Meaning of prescribed offence for pt 3.7 80
116B Service of summons for prescribed offence 81
116BA Giving of notice by registrar 82
116C Proof of service 82
116D Pleas to prescribed offence 83
116E Procedure if plea of guilty entered 83
116F Procedure if notice of intention to defend given 84
116FA Procedure if defendant pleads not guilty 84
116G Procedure if defendant does not plead 84
116H Restricted penalties under pt 3.7 85
116I Consequences of conviction in absence of defendant 86
Part 3.8 Infringement notices for certain offences
Division 3.8.1 Preliminary
117 Definitions for pt 3.8 88
118 Purpose and effect of pt 3.8 90
119 Regulations about infringement notice offences 91
Division 3.8.2 Infringement and reminder notices
120 Service of infringement notices 92
121 Contents of infringement notices 92
122 Additional information in infringement notices 94
123 Discharge of infringement notice penalty 96
124 Extension of time to pay penalty 97
124A Extension of time—guidelines 98
125 Effect of payment of infringement notice penalty 98
126 Application for withdrawal of infringement notice 100
127 Withdrawal of infringement notice 100
128 Guidelines about withdrawal of infringement notices 101
129 Reminder notices 101
130 Contents of reminder notices 102
131 Additional information in reminder notices 103
Division 3.8.2A Infringement notice management plans
131AA Application for infringement notice management plan or addition to plan 105
131AB Application for infringement notice management plan or addition to plan—decision 107
131AC Approved community work or social development program—responsible director-general’s agreement 109
131ACA Cancellation of infringement notice management plan 110
131ACB Infringement notice management plan—effect of cancellation 111
131AD Approval of community work or social development program 112
Division 3.8.2B Waiver of infringement notice penalties
131AE Application for waiver of penalty 113
131AF Application for waiver of penalty—decision 113
131AG Guidelines for waiver of penalty 114
Division 3.8.3 Additional provisions for vehicle-related offences
131A Meaning of infringement notice 114
131B Service of infringement notice on responsible person for vehicles 115
131C Liability for vehicle-related offences 116
131D Illegal user declarations 117
131E Known offender declarations 119
131F Sold vehicle declarations 120
131G Unknown offender declarations 122
Division 3.8.4 Disputing liability for infringement notices
132 Disputing liability for infringement notice offence 123
134 Procedure if liability disputed 123
Division 3.8.5 Infringement notices—other provisions
134A Authorised people for infringement notice offences 125
135 Delegation of administering authority’s functions 126
136 Evidentiary certificates 126
Part 3.9 Enforcement of criminal decisions
Division 3.9.1 Enforcement of criminal decisions—general
141 Minute of decision and notice to defendant 128
142 Formal convictions and orders 129
143 Consequences if information dismissed 129
144 Copies of informations and other documents 129
Division 3.9.3 Reciprocal enforcement of fines against bodies corporate
166A Definitions for div 3.9.3 130
166B Declarations relating to reciprocating courts 131
166C Enforcement of fine 131
166D Effect of enforcement by reciprocating court 133
166E Registrar to notify payment of territory fine 133
Division 3.9.4 Enforcement of criminal decisions—other provisions
184 Enforcement of costs against informant 133
191 Accounts to be kept of amounts received 134
193 Forfeited goods may be sold 134
194 Enforcement order not void for form only 134
195 Convictions etc to be given to Supreme Court registrar 134
Part 3.10 Criminal appeals
Division 3.10.1 Criminal appeals—jurisdiction of Supreme Court
207 Jurisdiction of Supreme Court 135
Division 3.10.2 Appeals in criminal matters
208 Appeals to which div 3.10.2 applies 135
209 Institution of appeal 137
210 Substituted service of notice of appeal 138
214 Appeals in cases other than civil cases 138
216 Stay of execution pending appeal in certain cases 139
218 Orders by Supreme Court on appeals 140
219 No right of appeal under div 3.10.2 if review appeal 140
Division 3.10.2A Reference appeals in criminal matters
219A What is a reference appeal? 141
219AB Reference appeal in relation to proceeding 141
219AC Who may be heard at reference appeal 141
219AD Reference appeal decision does not affect verdict 142
Division 3.10.3 Review appeals in criminal matters
219B Decisions subject to review appeal 142
219C How review appeal is instituted 143
219D Grounds for review 144
219E Report by Magistrate 145
219F Powers of Supreme Court 145
Division 3.10.4 Criminal appeals—other provisions
222 Control of Supreme Court over summary convictions 147
223 Amendment of documents 148
224 In cases of certiorari order 148
225 Notice dispensed with 149
226 Power of court to admit to bail 149
227 Respecting the amendment of convictions etc 150
228 No summons or information 150
229 Distribution of penalty 151
Part 3.11 Costs in criminal matters
244 Costs in criminal matters 152
Part 3.12 Securities in criminal matters
248 Meaning of security—pt 3.12 153
249 Securities taken under Act 153
250 Recovery of amount due under security 153
252 Sums paid by surety may be recovered from principal 153
253 Payment enforced by security 154
254 Enforcement of recognisance 154
Chapter 4 Civil proceedings
Part 4.1 Preliminary
256 Application of ch 4 156
Part 4.2 Civil jurisdiction
257 Personal actions at law—amount or value 157
258 Power of court to grant relief 158
259 Rules of equity to prevail 158
260 Nuisance 159
261 Disputed debts 159
262 Cause of action arising, or defendant resident, outside ACT 159
263 Requests under conventions relating to legal proceedings in civil and commercial matters 160
264 Proceedings affecting title to land 160
265 Disputes under Residential Tenancies Act 160
266 Complaints under Utilities Act, pt 12 161
266A Civil disputes under ACT Civil and Administrative Tribunal Act 161
266B Enforcement of ACT Civil and Administrative Tribunal order—representation 162
Part 4.2A Fair work claims
266C Object of pt 4.2A 163
266D Application of pt 4.2A 163
266E Definitions—pt 4.2A 164
266F Fair work claim—compulsory mediation 165
266G Fair work small claim—representation by official of industrial association 165
266H Fair work small claim that is fair work general claim 165
266I Combined fair work matter—procedure if removed from ACAT 166
266J Fair work claim—deciding or adjourning proceedings 166
Part 4.3 Case stated for Supreme Court
267 Case stated 167
Part 4.4 Transfer of proceedings from or to Supreme Court
268 Transfer of action from Supreme Court 168
269 Procedure on transfer of action from Supreme Court 168
270 Removal of proceedings into Supreme Court 169
271 Stay of proceedings 169
Part 4.5 Civil appeals
272 Meaning of appeal—pt 4.5 170
273 Jurisdiction 170
274 Cases in which appeal may be brought 170
276 Evidence on appeal 171
Chapter 4AThe Childrens Court
Part 4A.1 The Childrens Court
287 Childrens Court 172
288 Jurisdiction of Childrens Court 172
289 Procedure for proceedings where children jointly charged with adults 173
290 Chief Magistrate to arrange business of Childrens Court 174
291 Childrens Court Magistrate to hear all matters 174
Part 4A.2 Childrens Court Magistrate
291A Childrens Court Magistrate 175
291B Acting Childrens Court Magistrate 175
291C Assignment of other magistrates for Childrens Court matters 176
291D Completion of part-heard matters 177
Part 4A.3 Criminal proceedings
291E Procedures for hearing indictable offences 178
291F Childrens Court may adjourn hearings to allow access to legal advice 178
291G Childrens Court may send cases to Supreme Court for sentencing 179
Part 4A.4 Warrumbul Court
291GA Warrumbul Court 180
291GB Directions about procedure for Warrumbul Court 180
Chapter 4B The Family Violence Court
Part 4B.1 Preliminary
291H Meaning of family violence offence 181
291I Purpose—ch 4B 181
Part 4B.2 The Family Violence Court
291J Family Violence Court 182
291K Jurisdiction of Family Violence Court 182
Chapter 4CGalambany Court
291M Galambany Court 184
291N Directions about procedure for Galambany Court 184
Chapter 4DThe Industrial Court
Part 4D.1 Preliminary
291O Definitions—ch 4D 185
Part 4D.2 The Industrial Court
291P Industrial Court 186
291Q Jurisdiction of Industrial Court 186
291R Chief Magistrate to arrange business of Industrial Court 188
291S Industrial Court Magistrate to hear all matters 189
291T Transfer of industrial or work safety matter to Supreme Court 189
Part 4D.3 Industrial Court Magistrate
291U Industrial Court Magistrate 190
291V Acting Industrial Court Magistrate 190
291W Assignment of other magistrates for Industrial Court matters 191
291X Industrial Court—completion of part-heard matters 191
Chapter 5 Miscellaneous
Part 5.1 Offences
292 Failure to comply with order in nuisance action 193
298 Prejudice to employee 193
Part 5.2 Other
307 Contempt of court 194
308 Magistrates Court’s seal 194
309 Directions about procedure 195
310 Hearings generally to be in public 195
311 Appearance by audiovisual or audio links etc 196
312 Failure to give evidence—committal 197
314 Registrar to give directions for preparation of transcript 198
315 Applications for transcripts 199
316 Record of proceedings 200
317 Record of proceedings and transcript 202
318 Person about to leave ACT may be ordered to be examined or produce documents 204
319 Witnesses’ rights and liabilities 204
320 Depositions to be given to registrar 205
320A Family violence offence information 205
321 Regulation-making power 206
Chapter 15 Transitional—Crimes (Disclosure) Legislation Amendment Act 2024
476 Meaning of commencement day—ch 15 207
477 Committal proceedings—person charged before commencement day 207
478 Expiry—ch 15 207
Schedule 1 Oath and affirmation of office 208
Schedule 2 ACT and corresponding courts 209
Dictionary210
Endnotes
1 About the endnotes 218
2 Abbreviation key 218
3 Legislation history 219
4 Amendment history 247
5 Earlier republications 319
6 Expired transitional or validating provisions 330
Magistrates Court Act 1930
An Act to establish a Magistrates Court, to provide for the appointment of magistrates, and for other purposes
Chapter 1Preliminary
Name of Act
This Act is the Magistrates Court Act 1930.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘vehicle, for part 3.8 (Infringement notices for certain offences)—see the Road Transport (Vehicle Registration) Act 1999, dictionary.’ means that the term ‘vehicle’ is defined in that dictionary and the definition applies to part 3.8.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Chapter 2Magistrates Court and magistrates
Part 2.1The court
Constitution of court
(1)The Magistrates Court is continued in existence.
(2)The jurisdiction of the court may be exercised by a magistrate (other than a special magistrate) or by 1 or more special magistrates.
(3)If 2 or more special magistrates are divided in opinion on a case, the case must be—
(a)if there is a majority—decided according to the decision of the majority; or
(b)if the court is equally divided in opinion—adjourned for hearing and decision by a magistrate (other than a special magistrate).
(4)The rules may provide for the jurisdiction of the court otherwise exercisable by a magistrate to be exercised by the registrar, in the cases and subject to the conditions prescribed under the rules.
(5)For the purposes of the exercise of jurisdiction given to the registrar under the rules, this Act has effect, subject to this section, as if the court consisted of the magistrates and the registrar.
(6)In this section:
registrar includes deputy registrar.
Arrangement of court business
(1)The Chief Magistrate is responsible for ensuring the orderly and prompt discharge of the Magistrates Court’s business.
(2)The Chief Magistrate may, subject to consultation with the magistrates that is appropriate and practicable, make arrangements about a magistrate who is to constitute the court in particular matters or classes of matters.
(3)In this section:
magistrate includes special magistrate.
5AMagistrate for matter not available
(1)This section applies if a person who is a magistrate constituting the court in a particular civil matter, ceases to hold office as a magistrate, or ceases to be available, before the magistrate finishes dealing with the matter.
(2)The Chief Magistrate must arrange for another magistrate to constitute the court in the matter.
(3)The other magistrate may deal with the matter as the other magistrate considers appropriate.
Example
deal with the matter afresh
(4)In this section:
ceases to be available––a person ceases to be available for a matter if the person is unable to act as a magistrate in relation to the matter because of illness, absence or an inability or unwillingness to deal with the matter.
matter includes a class of matters.
Part 2.2Appointment and jurisdiction of magistrates
Division 2.2.1 Magistrates other than special magistrates
Meaning of magistrate in div 2.2.1
In this division:
magistrate means—
(a)the Chief Magistrate; or
(b)a person who is appointed under section 7 as a magistrate.
Appointment of Chief Magistrate and other magistrates
(1)There is to be a Chief Magistrate and other magistrates.
(2)The Chief Magistrate and other magistrates are appointed by the Executive.
NoteFor the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
(3)If a magistrate is appointed as the Chief Magistrate, the person stops holding the position of magistrate.
7AARequirements of appointment—magistrates
(1)The Executive must, in relation to the appointment of magistrates, determine—
(a)the criteria that apply to the selection of a person for appointment; and
(b)the process for selecting the person.
(2)A determination is a notifiable instrument.
7AEligibility for appointment as magistrate
A person is not eligible for appointment as a magistrate unless the person is a lawyer and has been a lawyer for at least 5 years.
7BSeniority of magistrates
Magistrates other than the Chief Magistrate have seniority according to—
(a)the dates their appointments took effect; or
(b)if the appointments of 2 or more of them took effect on the same date—the precedence given to them by the instruments of their appointment.
7CConditions of appointment of magistrates
(1)A magistrate holds the position on the conditions (if any) about matters not provided for under this Act or another territory law that are decided by the Executive.
(2)A person’s appointment as a magistrate is taken to be on a full-time basis unless the instrument of appointment states that the appointment is on a part-time basis.
(3)A magistrate may, by written agreement with the Chief Magistrate, and with the approval of the Attorney-General—
(a)if the magistrate is appointed on a full-time basis—arrange to work on a part-time basis; or
(b)if the magistrate is appointed on a part-time basis—arrange to work on a full-time basis.
7DTerm of appointment of magistrates
(1)A magistrate is appointed for the term ending when the magistrate turns 70 years old.
Note 1The Judicial Commissions Act 1994, s 4 provides that a magistrate may only be removed from office in accordance with that Act.
Note 2A magistrate’s appointment also ends if the magistrate resigns (see Legislation Act, s 210).
(2)A person who is at least 70 years old must not be appointed as a magistrate.
7EActing Chief Magistrate
(1)The Executive may appoint a magistrate to act as Chief Magistrate.
NoteSee the Legislation Act, s 209, div 19.3.2 and div 19.3.2A about acting appointments.
(2)If no appointment is made under subsection (1), the senior magistrate who is in the ACT and is able and willing to act must act as Chief Magistrate.
(3)Despite the Legislation Act, section 209 (2), the determination mentioned in section 7AA does not apply to the appointment of an acting Chief Magistrate.
7FRetirement
(1)This section applies if a magistrate is—
(a)an eligible employee for the Superannuation Act 1976 (Cwlth); or
(b)a member of the superannuation scheme for the Superannuation Act 1990 (Cwlth); or
(c)a member of any other superannuation scheme determined by the Attorney-General.
(2)The Executive may retire the magistrate on the ground of invalidity with the magistrate’s consent.
(3)A determination under subsection (1) (c) is a notifiable instrument.
7GMagistrates not to do other work
(1)A magistrate must not practise as a lawyer.
(2)A magistrate must not, without the Attorney-General’s written consent—
(a)engage in remunerative employment otherwise than in connection with duties as a magistrate; or
(b)accept appointment to another position under a law of the Territory, the Commonwealth, a State or another Territory.
(3)The Attorney-General must consult with the Chief Magistrate before giving consent.
7HRights of public servants
(1)A magistrate who was a public servant or APS employee immediately before his or her appointment keeps his or her existing and accruing rights.
(2)In this section:
APS employee—see the Public Service Act 1999 (Cwlth), section 7.
Division 2.2.2 Special magistrates
Appointment of special magistrates
The Executive may appoint special magistrates.
NoteFor the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
8AARequirements of appointment—special magistrates
(1)The Executive must, in relation to the appointment of special magistrates, determine—
(a)the criteria that apply to the selection of a person for appointment; and
(b)the process for selecting the person.
(2)A determination is a notifiable instrument.
8ATerm of appointment of special magistrates
(1)A special magistrate is appointed—
(a)for the term mentioned in the instrument of appointment; or
(b)if a term is not mentioned—for the term ending when the special magistrate turns 70 years old.
Note 1The Judicial Commissions Act 1994, s 4 provides that a magistrate may only be removed from office in accordance with that Act.
Note 2A special magistrate’s appointment also ends if the special magistrate resigns (see Legislation Act, s 210).
(2)A person who is at least 70 years old must not be appointed as a special magistrate.
(3)A person must not be appointed as a special magistrate for a term that extends beyond the person’s 70th birthday.
8BConditions of appointment of special magistrates
A special magistrate holds the position on the conditions (if any) about matters not provided for under this Act or another territory law that are decided by the Executive.
Division 2.2.3 Registrar and other court officers
Appointment of registrar etc
(1)The Minister may appoint a registrar of the Magistrates Court.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(2)The registrar may appoint the deputy registrars of the court, bailiffs and other officers that are required.
(3)In subsection (2):
registrar does not include a deputy registrar.
9BFunctions of registrar and deputy registrars
(1)The registrar has power to administer oaths and may exercise the other functions given to the registrar under this Act, another territory law or an order of the court.
(2)Subject to this Act and to any directions of the registrar, a deputy registrar may exercise the functions of the registrar under this Act or another territory law.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and rules (see Legislation Act, s 104).
(3)The exercise of a function by a deputy registrar does not affect the power of the registrar to exercise the function.
Division 2.2.3A Judicial officers exchange
9CDefinitions—div 2.2.3A
In this division:
ACT court means a court of this jurisdiction mentioned in an item in schedule 2, column 2.
corresponding court, in relation to an ACT court mentioned in an item in schedule 2, column 2, means a court of another jurisdiction mentioned in the item, column 3.
court includes tribunal.
judicial exchange arrangement means an arrangement under section 9D.
judicial officer means a magistrate or other person who, whether alone or together with others, constitutes a court, but does not include a lay member of a court.
participating jurisdiction means the Commonwealth, a State or another country if under the law of that jurisdiction a judicial exchange arrangement may be entered into with the Attorney‑General of this jurisdiction.
NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).
this jurisdiction means the ACT.
9DEstablishment of judicial exchange arrangements
(1)The Attorney-General of this jurisdiction may enter into an arrangement with the Attorney-General of a participating jurisdiction for the temporary transfer of judicial officers between ACT courts and corresponding courts.
(2)An arrangement under this section cannot provide for the transfer of judicial officers to a federal court of the Commonwealth.
(3)Without limiting subsection (1), an arrangement under this section—
(a)may require transfers to a court to be subject to the prior approval of either or both of the following:
(i)the Attorney-General of this jurisdiction;
(ii)the Attorney-General of the participating jurisdiction; and
(b)may establish the manner and form in which a transfer to a court is to be made; and
(c)may determine the rank, title, status and precedence of a transferred judicial officer.
9ETransfer of judicial officer of another jurisdiction to ACT court
(1)This section applies if a judicial exchange arrangement provides for the transfer to an ACT court of a judicial officer of a corresponding court.
(2)The Chief Magistrate may, in accordance with the judicial exchange arrangement and with the agreement of the senior judicial officer of the corresponding court, appoint a judicial officer of the corresponding court to act as a judicial officer of the ACT court.
(3)The judicial officer of the corresponding court is qualified for appointment despite any law of this jurisdiction to the contrary.
(4)The maximum term for which an appointment under this section may be made on any one occasion is 6 months.
(5)However, an appointment under this section may not extend beyond the retirement age for judicial officers of the ACT court.
(6)A judicial officer of a corresponding court may be appointed under this section to more than one ACT court.
(7)A judicial officer whose appointment under this section has ceased may complete or otherwise continue to deal with any matters relating to proceedings in the ACT court that have been heard, or partly heard, by the judicial officer before the appointment under this section ceased.
9FService in ACT court of judicial officer of another jurisdiction
(1)This section applies to a judicial officer of a corresponding court who is appointed to act as a judicial officer of an ACT court in accordance with a judicial exchange arrangement.
(2)While acting as a judicial officer of the ACT court, the judicial officer of the corresponding court has all the powers, authorities, privileges and immunities of, and is taken to be for all purposes, a judicial officer of the ACT court.
(3)Despite subsection (2), territory laws concerning the following matters do not apply to the judicial officer of the corresponding court while acting as a judicial officer of the ACT court:
(a)the remuneration, allowances and other conditions of service of judicial officers;
(b)the pension or other superannuation entitlements of judicial officers and related provisions;
(c)the removal or suspension of judicial officers from office.
9GService of ACT judicial officer in corresponding court
(1)This section applies to a judicial officer of an ACT court who is appointed to act as a judicial officer of a corresponding court in accordance with a judicial exchange arrangement.
(2)The judicial officer’s service as a judicial officer of the corresponding court is taken to be service as a judicial officer of the ACT court for the purposes of territory laws about—
(a)the remuneration, allowances and other conditions of service of judicial officers; and
(b)the pension or other superannuation entitlements of judicial officers and related provisions; and
(c)the removal or suspension of judicial officers from office.
9HJudicial office not affected by appointment to another judicial office
(1)In this section:
court includes a tribunal (however described) that exercises functions of a judicial nature or functions of a similar nature (such as conciliation functions, arbitration functions, disciplinary functions or administrative review functions).
judicial office extends to the office of any member of a court, but only if the holder of the office is required to be a judicial officer or have legal qualifications.
(2)The doctrine of incompatibility of office—
(a)does not operate to prevent the holder of a judicial office (the original office) from being appointed to another judicial office (the additional office); and
(b)does not operate to effect or require the surrender or vacation of the original office as a result of the appointment to the additional office.
(3)This section applies—
(a)even if the original office or the additional office is held on an acting or temporary basis; and
(b)even if the original office or the additional office is a judicial office of another jurisdiction (including, but not limited to, judicial offices to which appointments are made under section 9E); and
(c)even if an appeal lies from a decision of the court of one of the judicial offices to the court of the other judicial office; and
(d)even if the courts of the judicial offices are not of the same status.
9IOther arrangements not affected
This division does not limit or affect any other arrangements under which—
(a)a judicial officer of another jurisdiction may be appointed or act as a judicial officer of this jurisdiction; or
(b)a judicial officer of this jurisdiction may be appointed or act as a judicial officer of another jurisdiction.
9JAmendment of sch 2
A regulation may amend schedule 2.
Division 2.2.4 Jurisdiction of magistrates
10POath etc of office
(1)A person appointed as the Chief Magistrate, a magistrate or special magistrate must not exercise the functions given to a magistrate under any territory law unless the person has sworn an oath or made an affirmation in accordance with the form in schedule 1.
(2)The oath must be sworn or affirmation made before the Chief Justice.
Acts done beyond ACT
(1)An act done by a magistrate, because of his or her office, outside the ACT for the purpose of authenticating the signature of a person to an instrument intended to take effect in the ACT is, unless the act is required by law to be done in the ACT, effective for any territory law.
(2)An oath or affirmation administered by a magistrate, because of his or her office, outside the ACT in any case in which an oath or affirmation may be administered by a magistrate is, unless the oath or affirmation is required by law to be administered in the ACT, effective for any territory law.
Acts by magistrate out of court etc
(1)Any magistrate out of court or the registrar may do all or any of the following:
(a)receive an information;
(b)issue a summons or warrant on an information;
(c)issue a summons or warrant to compel the attendance of a witness;
(d)do anything else that is necessary and preliminary to a hearing.
(2)Without limiting subsection (1), if a law in force in the ACT provides that an information or complaint may be laid or made before, or a summons or warrant issued by, a court or justice of the peace, the information or complaint may be laid or made, and the summons or warrant may be issued, by a magistrate or the registrar.
Making of enforcement order after case decided
After a case has been heard and decided, any magistrate or the registrar may make an enforcement order for the purposes of the case.
Process not invalid only because of death of magistrate etc
A summons or warrant issued, or order made, by a magistrate or registrar is not invalid only because of the magistrate or registrar dying or otherwise ceasing to hold the position.
Order instead of mandamus order
(1)If a magistrate or registrar refuses to do any act relating to the duties of his or her office as a magistrate or registrar, the party requiring the act to be done may apply to the Supreme Court for an order calling on the magistrate or registrar and also the party to be affected by the act to show cause why the act should not be done, and if good cause is not shown against it, the Supreme Court may make the order absolute, with or without payment of costs.
(2)A magistrate or registrar on being served with an order absolute must obey the order, and do the act required by it to be done.
Magistrates may exercise functions of justices of peace
If under any law in force in the ACT, anything is required or permitted to be done before, to or by a justice of the peace, it may be done before, to or by a magistrate.
Part 2.3Protection of magistrates in execution of their office
17AProtection and immunity of magistrates
(1)A magistrate, when exercising the functions of a magistrate, has the same protection and immunity as a judge when exercising the functions of a judge.
(2)Without limiting subsection (1), a magistrate, when exercising an administrative function of the magistrate under a law in force in the Territory, has the same protection and immunity as a magistrate in a judicial proceeding.
NoteIf a function of a magistrate is exercisable by a registrar, magistrate includes a registrar exercising the function (see dict).
17DNo action for acts done under Supreme Court order
An action is not maintainable against a magistrate for doing an act if the magistrate does the act in accordance with a Supreme Court order.
Chapter 3Criminal proceedings
Part 3.1Preliminary
18ADefinitions for ch 3
In this chapter:
Crimes Act means the Crimes Act 1900.
decision includes a committal for trial, admission to bail, and a conviction, order or other decision.
defendant means a person against whom an information is laid.
Part 3.2Criminal jurisdiction
Jurisdiction of court
If, by any law in force in the ACT, any offence is punishable on summary conviction or any person is made liable to a penalty or punishment or to pay an amount for any offence, act or omission, and no other provision is made for the trial of the person committing the offence, the matter may be heard and decided by the court in a summary way under the provisions of this Act.
Jurisdiction of court if defendant absent from ACT
The court has jurisdiction even though the defendant is not in the ACT.
Proceeding of court if it considers offence should be dealt with on indictment
If, for an information in relation to an offence that is punishable either summarily or on indictment it appears to the court, on the close of the case for the prosecution, that the offence ought to be dealt with on indictment, the court must abstain from adjudication on the information and must deal with the case for the purpose of committal for trial only.
Part 3.3Beginning criminal proceedings
Division 3.3.1 Beginning criminal proceedings—general
Informations
A proceeding may be started in the court by information laid by the informant or by a lawyer or anyone else representing the informant.
Division 3.3.2 Informations
Laying of informations
An information may be laid before a magistrate in any case where a person has committed or is suspected of having committed, in the ACT, an indictable offence or an offence that may be dealt with summarily as provided in section 19.
Description of people and property and of offences
(1)Such description of people or things as would be sufficient in an indictment is sufficient in informations.
(2)The description of any offence in the words of the Act, ordinance, law, order, by-law, regulation, or other instrument creating the offence, or in similar words, is sufficient in law.
Power of court to amend information
(1)If at the hearing of any information or summons any objection is taken to an alleged defect in it in substance or form or if objection is taken to any variance between the information or summons and the evidence adduced at the hearing of it, the court may make any amendment in the information or summons that appears to it to be desirable or to be necessary to enable the real question in dispute to be decided.
(2)The court must not make an amendment under subsection (1) if it considers that the amendment cannot be made without injustice to the defendant.
Court may adjourn hearing if amendment made
If in any case where an amendment in an information or summons has been made under section 28 the court considers that the defendant has been misled by the form in which the information or summons has been made out, it may adjourn the hearing of the case for the period it considers appropriate and may make any order about the costs of the adjournment it considers appropriate.
Form of information
(1)If a warrant is intended to be issued in the first instance against the person charged, the information must be in writing and on oath.
(2)The oath may be made by the informant or someone else.
(3)If a summons instead of a warrant is intended to be issued in the first instance against the person charged, the information may be made orally and without oath.
(4)Subsection (3) applies whether or not the law under which the information is laid requires it to be in writing.
Division 3.3.3 Summonses
When magistrate may issue summons
If an information is laid before a magistrate, the magistrate may issue a summons.
Form of summons
A summons issued in the case of an information must be directed to the defendant, and must state shortly the matter of the information and require the defendant to appear at a certain time and place before the court, to answer to the information and to be further dealt with according to law.
Service of summons
(1)A summons issued in relation to an information may be served on the person to whom it is directed by—
(a)giving a copy of the summons to the person; or
(b)leaving a copy of the summons at the last-known or usual home or business address of the person with someone who appears to be at least 16 years old and to live or be employed at the address.
(2)Service of a summons under subsection (1) must be effected at least 72 hours before the time appointed in the summons for the hearing of the information.
(3)If it appears to the court or a magistrate or the registrar, by statement on oath or by affidavit, that from any cause service in accordance with subsections (1) and (2) cannot be effected, the court or magistrate or the registrar may extend the time for hearing.
(4)Service of a summons in accordance with this section may be proved by the oath of the person who served it or by affidavit or otherwise.
Division 3.3.3A Court attendance notices
41ADefinitions—div 3.3.3A
In this division:
authorised person means—
(a)a police officer; or
(b)a person prescribed by regulation.
court attendance notice—see section 41B.
41BCommencing criminal proceeding by court attendance notice
(1)A proceeding for an alleged offence may be commenced by serving and filing a notice (a court attendance notice) under this division.
(2)A court attendance notice served on a person must––
(a)state the name of the person; and
(b)describe the offence to which it relates; and
(c)briefly state the particulars of the offence; and
(d)state the name of the authorised person serving the notice; and
(e)unless a warrant is issued for the arrest of the person or the person is refused bail—
(i)require the person to appear before a magistrate at a stated date, time and place; and
(ii)state that failure to appear may result in the person’s arrest or in the proceeding being dealt with in the person’s absence; and
(f)if the person consents to appear before a magistrate at the stated date and time—include a statement, signed by the person, that the person consents to appear at the stated date and time.
NoteIf a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.
(3)It is sufficient to describe an offence in the notice in the way the offence is described in the law that creates the offence.
(4)The date stated for the person to appear before a magistrate must be—
(a)at least 14 days after the day the notice is served; or
(b)if the notice contains a consent signed by the person to appear before a magistrate at an earlier date available to a Magistrate—the date as stated in the notice.
(5)The rules may prescribe additional matters that must be included in a court attendance notice.
41CCourt attendance notice––service
(1)If an authorised person suspects, on reasonable grounds, that a person has committed an offence, the authorised person may serve a court attendance notice on the person.
(2)The notice must be served personally by the authorised person.
(3)The Court Procedures Rules 2006, part 6.8 (Service) apply to the service of a court attendance notice as if—
(a)the notice were a document in the proceeding for the offence to which it relates; and
(b)the copy of the notice served were a stamped copy.
(4)However, the Court Procedures Rules 2006, division 6.8.3 (Service—Magistrates Court) does not apply to service of a court attendance notice.
41DCourt attendance notice—filing
(1)A copy of a court attendance notice served on a person must be filed—
(a)not less than 14 days before the day stated in the notice for the person to appear before a magistrate; or
(b)if the notice contains a consent signed by the person to appear before a magistrate at a date earlier than 14 days after service of the notice—as soon as practicable.
(2)If a warrant is intended to be issued in the first instance against the person, the notice must be filed with a sworn statement about the particulars of the offence stated in the notice.
41ECourt attendance notice—relationship to information and summons
(1)This division is additional to, and does not limit, any other provision of a territory law about an information or summons in relation to a criminal proceeding.
(2)A court attendance notice served under this division is taken, for all purposes, to be a summons served under division 3.3.3.
(3)A court attendance notice filed under this division is taken, for all purposes, to be an information laid under division 3.3.2.
(4)For subsections (2) and (3), a provision mentioned in subsection (1) applies, with any necessary changes and any changes prescribed by regulation—
(a)in relation to a court attendance notice served under this division—as if it were a summons issued under division 3.3.3; and
(b)in relation to a court attendance notice filed under this division—as if it were an information laid under division 3.3.2.
Division 3.3.4 Warrants
Issue of warrant and summons
(1)This section applies if—
(a)an information is laid before a magistrate under division 3.3.2 against a person for an offence; and
(b)the information is substantiated by the oath of the informant or a witness; and
(c)the person is not in custody.
(2)The magistrate may issue a warrant for the person’s arrest, and for bringing the person before the court to answer to the information and to be further dealt with according to law.
(3)However, the magistrate may issue a summons instead of the warrant if the magistrate considers it appropriate.
(4)The issue of the summons does not prevent a magistrate from issuing a warrant at any time before or after the time mentioned in the summons for the person’s appearance.
(5)However, subsection (4) does not authorise the issue of a warrant to bring the person before the court to answer to the information if a summons has been served on the person for the offence in accordance with section 116B (Service of summons for prescribed offence).
Procedure on filing indictment
(1)If an indictment in relation to an offence committed in the ACT has been filed in the Supreme Court by the Attorney-General, Attorney-General of the Commonwealth or other officer, authority or person duly appointed in that behalf against any person then at large, whether on bail or not, the registrar of the Supreme Court must at any time after the end of the then sittings of the court if the person so indicted has not already appeared and pleaded to the indictment, on application by or on behalf of the prosecutor, grant to the prosecutor or person applying on the prosecutor’s behalf a certificate that the indictment has been filed.
(2)On production of the certificate to a magistrate, the magistrate must—
(a)if the person indicted is, at the time of both the application for and the production of the certificate, detained at a correctional centre (including a NSW correctional centre) for any other offence—on proof on oath that the person is the person charged in the indictment, issue a warrant directing the person in charge of the correctional centre to detain the person until, by a habeas corpus order or another order, the person is removed from custody for the purpose of being tried on the indictment, or until the person is otherwise removed or discharged out of custody by due course of law; and
(b)in any other case—issue a warrant to apprehend the person so indicted and to cause the person to be brought before the court to be dealt with according to law and the court when any person apprehended under any such warrant is brought before it must on proof on oath that the person is the person charged and named in the indictment, and without further inquiry commit the person for trial or admit the person to bail in accordance with the Bail Act 1992.
Direction of warrant
A warrant to apprehend a defendant that the defendant may answer to an information may be directed either to any police officer by name or generally to all police officers within the ACT, without naming them, or to both.
Any police officer may execute warrant
If a warrant is directed to all police officers, any police officer may execute the warrant as if it were directed specially to the police officer by name.
Form of arrest warrant
A warrant issued on an information must—
(a)briefly state the offence or matter of the information; and
(b)name or otherwise describe the person against whom it is issued; and
(c)order the police officers to whom it is directed to—
(i)arrest the person; and
(ii)bring the person before the court to answer the information and to be further dealt with according to law.
Warrant to be in force till executed
A warrant need not be returnable at any particular time, but may remain in force until executed.
Sunday warrants
A magistrate may issue a warrant on an information of an indictable offence, or a search warrant, on a Sunday as on any other day.
Part 3.4Hearing of criminal proceedings
Division 3.4.1 Hearing of criminal proceedings—general
Conduct of case generally
(1)The informant may—
(a)conduct his or her case personally or by a lawyer; and
(b)examine and cross-examine the witnesses giving evidence for or against the informant; and
(c)if the defendant gives any evidence or examines any witness about anything other than general character—call and examine witnesses in reply.
(2)The defendant may—
(a)fully answer and defend personally or by a lawyer; and
(b)give evidence; and
(c)examine and cross-examine the witnesses giving evidence for or against the defendant.
If both parties present in court to hear case
The court must hear and decide an information if both parties to the information appear personally or by lawyers or anyone else appearing for them.
Division 3.4.2 Warrants for witnesses
Definitions—div 3.4.2
In this division:
prescribed period means 18 hours from the time a person is arrested under a warrant.
reporting officer means the police officer mentioned in section 67 (2) (b).
warrant means a warrant under this division.
Warrant to bring witness to court
(1)The court may issue a warrant for the arrest of a person who is a witness in a hearing if the person—
(a)was informed of the time and place of the hearing; and
(b)was required to attend to give evidence at the hearing in accordance with—
(i)a subpoena served on the person; or
(ii)an order of the court; or
(iii)an undertaking given to the court by the person; and
(c)failed to attend the hearing as required; and
(d)did not provide the court with a reasonable explanation for not attending.
(2)A warrant must not be issued under subsection (1) unless—
(a)the court is satisfied that the party calling the person as a witness in the proceeding has taken reasonably practicable steps to contact the person; and
(b)it is in the interests of justice to issue the warrant.
(3)In deciding whether it is in the interests of justice to issue a warrant, the court must consider the following:
(a)the importance of the evidence the person is expected to give;
(b)whether the evidence could be obtained by other means;
(c)the nature of the matter being heard;
(d)the degree of urgency to resolve the matter;
(e)the likelihood that the issue of a warrant would secure the person’s attendance at the hearing;
(f)if the court has been contacted by the person, or the party calling the person as a witness in the proceeding has contacted the person—
(i)the reason (if any) given by the person for not attending as required; and
(ii)the impact of using a warrant for the arrest of the person.
First instance warrant
(1)The court may, instead of issuing a subpoena for the attendance of a witness in a hearing, issue a warrant in the first instance for the arrest of the person if it is—
(a)unlikely that the person will attend the hearing to give evidence unless the person is compelled to do so; and
(b)in the interests of justice to do so.
(2)In deciding whether it is in the interests of justice to issue a warrant, the court must consider the following:
(a)the importance of the evidence the person is expected to give;
(b)whether the evidence could be obtained by other means;
(c)the nature of the matter being heard;
(d)the degree of urgency to resolve the matter;
(e)the likelihood that the issue of a warrant would secure the person’s attendance at the hearing;
(f)the impact of using a warrant for the arrest of the person.
Warrant remains in force until executed
A warrant remains in force until whichever of the following happens first:
(a)the warrant is executed;
(b)the court revokes the warrant.
Executing a warrant
(1)A warrant authorises a police officer (an executing officer) to—
(a)arrest the person named in the warrant; and
(b)bring the person before the court.
(2)If an executing officer believes on reasonable grounds that the person named in the warrant is on any premises, the officer is authorised to enter the premises, using not more than necessary and reasonable force in the circumstances, to execute the warrant.
(3)However, an executing officer is not authorised to enter a dwelling house to execute the warrant before 6 am or after 9 pm on any day, unless the officer believes on reasonable grounds that it would not be practicable to arrest the person at the dwelling house, or another location, at any other time.
(4)An executing officer—
(a)must use not more force than is necessary to arrest the person and remove the person to the place stated in the warrant; and
(b)must, before removing the person, explain to the person the purpose of the warrant; and
(c)must tell the person of his or her right to contact a lawyer, and allow the person to contact a lawyer if the person wishes to do so; and
(d)if a person is under a legal disability—must inform a parent or guardian of the person of the arrest.
(5)In this section:
dwelling house includes a conveyance, and a room in a hotel, motel, boarding house or club, where people ordinarily sleep at night.
Procedure after arrest
(1)A person who is arrested under a warrant must be brought before the court—
(a)as soon as practicable after the person is arrested; and
(b)within the prescribed period; and
(c)in accordance with this section.
(2)A person must be brought before the court by a police officer—
(a)if the court is sitting at the time the officer is able to bring the person before the court—in person; or
(b)if the court is not sitting at the time the officer is able to bring the person before the court—by telephone call made by the officer to a magistrate to report the execution of the warrant to the court.
(3)A person brought before the court must be dealt with in accordance with section 68.
(4)A person arrested under a warrant—
(a)may be detained by a police officer for not longer than the prescribed period for the officer to comply with subsection (2); and
(b)must be released if the officer cannot comply with that subsection within the prescribed period.
Orders following executed warrant
(1)The court may order that the person—
(a)be remanded in custody until the date, time and place specified in the order; or
(b)be released on a recognisance, signed by the person, in which the person agrees to appear before the court on a day and at a time and place specified by the court—
(i)in the recognisance; and
(ii)in any subsequent notice given or sent to the person by the court; or
(c)be released unconditionally.
(2)If the court makes any orders in relation to a person under this section, the person must be given written notice of the orders by—
(a)if the court is sitting when the order is made—the court; or
(b)if the court is not sitting when the order is made—the reporting officer.
(3)Any single period of remand ordered under this section must not be longer than—
(a)28 days; or
(b)if the person chooses to be remanded for a longer period without review—a longer period that the court considers reasonable.
(4)Division 3.4.4 applies to a recognisance under this section.
Division 3.4.3 Remand
Remand of defendant
(1)This section applies if the court considers it is necessary or desirable to adjourn the hearing of a proceeding for an indictable offence—
(a)because of the absence of witnesses; or
(b)for any other reasonable cause.
(2)The court may—
(a)adjourn the hearing; and
(b)order the remand of the defendant into custody for a stated period; and
(c)order the director‑general to arrange for the defendant to be brought before the court at a stated time and place for the hearing.
Note 1The court must issue a warrant for the remand of the defendant in the director‑general’s custody (see Crimes (Sentence Administration) Act 2005, s 17).
Note 2The Crimes (Sentence Administration) Act 2005, pt 3.2 provides for the director‑general to have custody of the defendant during the remand.
(3)If the period of remand is not longer than 3 days, the order may be made orally.
(4)Any single period of remand under this section must be no longer than—
(a)28 days; or
(b)if the defendant chooses to be remanded for a longer period without review—a longer period that the court considers reasonable.
Bringing remanded defendant before court
The court may order that a defendant remanded under section 70 be brought before the court at any time during the period for which the defendant was remanded.
NoteThe Crimes (Sentence Administration) Act 2005, pt 3.2 and pt 3.3 provide for the director‑general to have custody of the defendant during the remand and to bring the defendant before the court as ordered by the court.
72ABail application hearings—audiovisual links
(1)This section applies if—
(a)a person in custody is entitled to appear, or is required to appear or be brought, before the court for the hearing of an application for bail; and
(b)the hearing could be conducted using an audiovisual link between the court and the place of custody.
(2)Unless the court directs otherwise, the hearing must be conducted using the audiovisual link.
(3)The court may amend or revoke a direction under subsection (2)—
(a)at any time; and
(b)on its own initiative or on application by a party to the bail proceeding.
(4)In this section:
audiovisual link—see the Evidence (Miscellaneous Provisions) Act 1991, dictionary.
72BDefendant’s appearance in non-bail proceedings—audiovisual links
(1)This section applies if the court gives a direction under the Evidence (Miscellaneous Provisions) Act 1991, section 20 (1) (Territory courts may take evidence and submissions from participating States) or section 32 (1) (Territory courts may take evidence and submissions from another place) in relation to any part of a proceeding in relation to a defendant remanded under—
(a)section 70 (Remand of defendant); or
(b)section 72 (Bringing remanded defendant before court).
(2)The director‑general must make arrangements to ensure that the evidence can be taken, or the submission made, in accordance with the court’s direction.
Division 3.4.4 Committal and recognisance
73AExtended application of div 3.4.4
(1)This division applies in relation to a person for whom a warrant prescribed under the rules has been issued under the rules as if all necessary changes, and any changes prescribed under the rules, were made.
(2)This section does not limit any other application of this division.
Remand of defendant before decision
The court may, at any time before the court gives its decision in a case, order that the defendant be remanded in custody.
Note 1If the court remands the defendant in custody, it must issue a warrant for the defendant’s remand in the director‑general’s custody (see Crimes (Sentence Administration) Act 2005, s 17).
Note 2The Crimes (Sentence Administration) Act 2005, pt 3.2 provides for the director‑general to have custody of the defendant during the remand.
Remand of witness or defendant after decision
(1)If the court commits a witness or a person sought to be made a witness, it must order that the witness or person be remanded in custody.
(2)If the court commits a defendant, it must order that the defendant be remanded in custody.
Witnesses may be discharged on recognisance
A witness, other than a witness committed under section 312 (Failure to give evidence—committal), or person sought to be made a witness may be discharged on recognisance.
Recognisances
If the court is authorised to discharge the witness, or person sought to be made a witness, on recognisance, it may order his or her discharge on his or her entering into a recognisance, with or without a surety or sureties at its discretion, conditioned for his or her appearance at the time and place to which the hearing is adjourned, or that is named in the recognisance.
Issue of warrant for non-appearance
If the witness, or person sought to be made a witness, does not appear at the time and place mentioned in the recognisance, the court may adjourn the hearing, and may issue a warrant for his or her apprehension in accordance with division 3.3.4 (Warrants).
Recognisances taken out of court
(1)A recognisance under this Act need not be entered into before the court, but may be entered into by the parties before—
(a)a magistrate; or
(b)the registrar; or
(c)a police officer in charge of a police station; or
(d)if a party is at a correctional centre—the person in charge of the centre.
(2)The provisions of this Act in relation to recognisances taken before the court apply in relation to the recognisance as if it had been entered into before the court.
Forfeited recognisances—how enforced
If the conditions, or any of them, in a recognisance entered by a witness or a person sought to be made a witness are not complied with, any magistrate may certify on the back of the recognisance in what respect the conditions have not been observed, and give it to the proper officer, to be proceeded on in a similar way as other recognisances, and that certificate is taken to be deemed sufficient prima facie evidence of the recognisance having been forfeited.
Division 3.4.5 Adjournment of criminal proceedings
Magistrate may adjourn court generally
If all the cases have not been heard and decided at any sitting of the court, the magistrate may adjourn the cases remaining unheard or undecided, either to the next day appointed for the holding of the court or to the other time the magistrate considers appropriate.
Particular cases may be adjourned
(1)Before or during the hearing or further hearing of an information, the magistrate may adjourn the hearing or further hearing.
(2)The magistrate may, by order, release the defendant (whether or not on bail) or remand the defendant in custody.
Note 1The court must issue a warrant for the defendant’s remand in the director‑general’s custody (see Crimes (Sentence Administration) Act 2005, s 17).
Note 2The Crimes (Sentence Administration) Act 2005, pt 3.2 provides for the director‑general to have custody of the defendant during the remand.
Proceeding if either party not present at adjourned hearing
(1)This section applies if either or both of the parties do not appear personally or by lawyers or anyone else appearing for them at the time and place to which the hearing or further hearing is adjourned.
(2)The court may—
(a)go ahead with the hearing or further hearing as if the party or parties were present; or
(b)if the informant does not appear—dismiss the information, with or without costs as the court considers just.
Proceeding if both parties present at adjourned hearing
(1)This section applies if the parties appear personally or by lawyers or anyone else appearing for them at the time and place to which the hearing or further hearing is adjourned.
(2)The court may go ahead with the hearing or further hearing.
Witness to attend adjourned etc hearing
(1)This section applies to a person who is required by summons to attend a hearing to give evidence or produce a document if the hearing is adjourned or postponed.
(2)The person must attend at the time and place to which the hearing is adjourned or postponed without the issue or service of a further summons.
(3)However, the person is entitled to additional expenses for attending.
Postponement of hearing
If, on the return of any summons or at any adjournment of the hearing or at the time to which the hearing is postponed, a magistrate is not present, the registrar may, and after the lapse of an hour, at the request of the informant, must, postpone the hearing until the next day when a court will be held at the place mentioned in the summons or to which the case has been so adjourned.
Part 3.5Proceedings for indictable offences
Division 3.5.1 Dispensing with application of part
88ADispensing with application of part in interests of justice
The court may dispense with the application of 1 or more provisions of this part to a proceeding if it considers it necessary or expedient to do so in the interests of justice.
Division 3.5.1A Waiver of committal proceedings
88BCourt may waive committal proceedings
(1)The court may commit an accused person for trial—
(a)on application by the person; and
(b)with the prosecutor’s consent.
NoteIf a form is approved under the Court Procedures Act 2004, s 8 for this provision, the form must be used.
(2)If the court commits an accused person for trial under subsection (1) and the person has been charged with a back-up or related offence—
(a)the prosecutor must tell the court about the back-up or related offence; and
(b)the court must transfer the proceeding for the back-up or related offence to the Supreme Court, to be dealt with under the Supreme Court Act 1933, part 8.
(3)Subsection (2) does not prevent the accused person being charged with an offence after committal under subsection (1).
(4)However, if the accused person is charged with a back-up or related offence after committal under subsection (1), the court must transfer the proceeding for the offence to the Supreme Court, to be dealt with under the Supreme Court Act 1933, part 8.
(5)In this section:
accused person means a person charged with an indictable offence.
Division 3.5.2 Indictable offences—beginning of proceedings
Indictable offences—issue of warrant for non-appearance
(1)This section applies if—
(a)a person is alleged by an information to have committed an indictable offence; and
(b)a summons is issued against the person; and
(c)the person does not appear before the court at the time and place mentioned in the summons; and
(d)the court is satisfied, on oath, that the summons was properly served on the person a reasonable time before the time mentioned in the summons for the appearance; and
(e)the information is substantiated by the oath of the informant or a witness.
(2)This section also applies if—
(a)subsection (1) (a), (b) and (e) apply in relation to a person; and
(b)the person appears before the court for the hearing of the information for the offence; and
(c)the court adjourns or postpones the hearing or further hearing; and
(d)the person is told of the time and place of the adjourned or postponed hearing or further hearing; and
(e)the person does not appear before the court at the adjourned or postponed hearing or further hearing.
(3)The court may issue a warrant for the person’s arrest and for bringing the person before the court to answer to the information and to be further dealt with according to law.
(4)This section does not apply if an order has been made under section 89A (1) excusing the person from attending before the court.
89AAccused person may be excused from attendance before court
(1)If—
(a)an information for an indictable offence has been laid; and
(b)a summons has been issued against the person named in the information;
the court may, on an application made by or on behalf of the person, by order excuse the person from attendance before the court to answer the information or for any other purpose in connection with the proceeding begun by the information.
(2)An order under subsection (1) may be made—
(a)at any time after the issue of the summons and before the completion of the taking of evidence for the prosecution; and
(b)whether or not any evidence has been taken in the proceeding; and
(c)whether or not the applicant for the order is before the court or has attended before the court in relation to the proceeding.
s 401ins A2008‑20 amdt 1.5
exp 27 February 2011 (s 404 (1) (LA s 88 declaration applies))
Completion of part-heard matters if magistrate no longer Childrens Court magistrate etc
s 402ins A2008‑20 amdt 1.5
exp 27 February 2011 (s 404 (1) (LA s 88 declaration applies))
Transitional regulations
s 403ins A2008‑20 amdt 1.5
exp 27 February 2011 (s 404 (1))
Expiry—ch 10
s 404ins A2008‑20 amdt 1.5
exp 27 February 2011 (s 404 (1) (LA s 88 declaration applies))
Transitional—Crimes Legislation Amendment Act 2008
ch 11 hdgins A2008‑44 amdt 1.91
exp 30 May 2010 (s 453)
Application of amendments—indictable offences
s 450ins A2008‑44 amdt 1.91
exp 30 May 2010 (s 453)
Application of certain other amendments
s 451ins A2008‑44 amdt 1.91
sub as mod SL2009‑20 s 3 (mod lapsed on rep of SL2009‑21 (4 September 2009))
sub A2009‑24 amdt 1.40
exp 30 May 2010 (s 453)
Admissibility of certain written statements made before commencement day
s 451Ains as mod SL2009‑20 s 3 (mod lapsed on rep of SL2009‑21 (4 September 2009))
sub A2009‑24 amdt 1.40
exp 30 May 2010 (s 453 (LA s 88 declaration applies))
Transitional regulations
s 452ins A2008‑44 amdt 1.91
exp 30 May 2010 (s 453)
Expiry—ch 11
s 453ins A2008‑44 amdt 1.91
exp 30 May 2010 (s 453)
Transitional—Sexual and Violent Offences Legislation Amendment Act 2008
ch 12 hdgins A2008‑41 s 35
om A2009‑24 amdt 1.41
Application of amendments
s 460ins A2008‑41 s 35
om A2009‑24 amdt 1.41
Expiry—ch 12
s 461ins A2008‑41 s 35
om A2009‑24 amdt 1.41
Declaration and validation
ch 13 hdgins A2016‑37 amdt 1.30
exp 29 June 2016 (s 472)
Note for ch 13 hdg
ch 13 hdg also ins A2016‑28 amdt 1.13
renum as ch 14 hdg R81 LA
Declaration
s 470ins A2016‑37 amdt 1.30
exp 29 June 2016 (s 472)
Note for s 470
s 470 also ins A2016‑28 amdt 1.13
renum as s 473 hdg R81 LA
Validation
s 471ins A2016‑37 amdt 1.30
exp 29 June 2016 (s 472)
Note for s 471
s 471 also ins A2016‑28 amdt 1.13
renum as s 474 hdg R81 LA
Expiry—ch 13
s 472ins A2016‑37 amdt 1.30
exp 29 June 2016 (s 472)
Note for s 472
s 472 also ins A2016‑28 amdt 1.13
renum as s 475 hdg R81 LA
Transitional—ACT Civil and Administrative Tribunal Amendment Act 2016 (No 2)
ch 14 hdg(prev ch 13 hdg) ins A2016‑28 amdt 1.13
renum as ch 14 hdg R81 LA
exp 15 December 2018 (s 475)
Existing proceedings in Magistrates Court
s 473(prev s 470) ins A2016‑28 amdt 1.13
renum as s 473 R81 LA
exp 15 December 2018 (s 475)
Transitional regulations
s 474(prev s 471) ins A2016‑28 amdt 1.13
renum as s 474 R81 LA
exp 15 December 2018 (s 475)
Expiry—ch 14
s 475(prev s 472) ins A2016‑28 amdt 1.13
renum as s 475 R81 LA
exp 15 December 2018 (s 475)
Transitional—Crimes (Disclosure) Legislation Amendment Act 2024
ch 15 hdgins A2024‑27 s 17
exp 19 June 2027 (s 478)
Meaning of commencement day—ch 15
s 476ins A2024‑27 s 17
exp 19 June 2027 (s 478)
Committal proceedings—person charged before commencement day
s 477ins A2024‑27 s 17
exp 19 June 2027 (s 478)
Expiry—ch 15
s 478ins A2024‑27 s 17
exp 19 June 2027 (s 478)
Oath and affirmation of office
sch 1orig sch 1
am Ord1937‑28; Ord1938‑25 (as am Ord1938‑35); Ord1938‑35; Ord1953‑14; Ord1958‑12; Ord1966‑2; Ord1967‑1; Ord1968‑25; Ord1972‑37; Ord1974‑14; Ord1976‑42; Ord1977‑34; Ord1977‑61; Ord1978‑46; Ord1979‑33; Ord1984‑62; Ord1985‑67; Ord1986‑74; Ord1989‑59; A1990‑65; A1991‑44; A1992‑9; A1992‑37; A1993‑4; A1994‑61; A1996‑6; A1996‑82; A1998‑67
om A2001‑44 amdt 1.2769
pres sch 1
(prev sch 2) ins Ord1977‑4
am A1997‑94
renum as sch 1 A2001‑44 amdt 1.2770
am A2005‑20 amdt 3.307
ACT and corresponding courts
sch 2orig sch 2
am Ord1938‑25 (as am Ord1938‑35)
om Ord1977‑4
prev sch 2
renum as sch 1
pres sch 2
ins A2010‑13 amdt 1.26
am A2013‑43 s 5; A2015‑52 s 43, s 44
sch 3am Ord1938‑25 (as am Ord1938‑35); Ord1976‑42; Ord1985‑67; A1991‑44
om A2001‑44 amdt 1.2771
Fees
sch 4am Ord1937‑5; Ord1937‑28
om Ord1953‑14
sch 5om Ord1953‑14
Witnesses’ expenses
sch 6om Ord1953‑14
Dictionary
dictins A2004‑60 amdt 1.413
am A2006‑23 amdt 1.264, amdt 1.265; A2008‑42 s 17; A2009‑49 amdt 3.114; A2011‑22 amdt 1.309; A2011‑28 amdt 3.179; A2016‑18 amdt 3.143
def Aboriginal or Torres Strait Islander offender ins A2011‑13 amdt 1.20
sub A2018‑6 s 35
def ACT court ins A2011‑28 amdt 3.180
def administering authority ins A2004‑60 amdt 1.413
def administrator ins A2004‑60 amdt 1.413
om A2006‑23 amdt 1.266
def another jurisdiction ins A2004‑60 amdt 1.413
def appeal ins A2004‑60 amdt 1.413
def appearance ins A2004‑60 amdt 1.413
def applicant ins A2004‑60 amdt 1.413
om A2008‑36 amdt 1.488
def application ins A2004‑60 amdt 1.413
om A2008‑36 amdt 1.488
def approved community work or social development program ins A2020-5 s 26
def authorised person ins A2004‑60 amdt 1.413
sub A2008‑42 s 18
def back-up offence ins A2014‑1 s 29
def bailiff ins A2004‑60 amdt 1.413
def certified copy ins A2011‑28 amdt 3.181
def certified copies ins A2004‑60 amdt 1.413
om A2011‑28 amdt 3.181
def circle sentencing ins A2011‑13 amdt 1.20
sub A2018‑6 s 36
def civil remedy provision ins A2019-32 s 16
def claim ins A2004‑60 amdt 1.413
def combined fair work matter ins A2019-32 s 16
def committal order ins A2006‑23 amdt 1.267
def common boundaries determination ins A2004‑60 amdt 1.413
om A2008‑36 amdt 1.488
def corresponding court ins A2011‑28 amdt 3.182
def contract application ins A2004‑60 amdt 1.413
om A2008‑36 amdt 1.488
def conviction ins A2004‑60 amdt 1.413
def court ins A2004‑60 amdt 1.413
def court, for division 2.2.3A ins A2011‑28 amdt 3.182
def court attendance notice ins A2008‑42 s 19
def Crimes Act ins A2004‑60 amdt 1.413
def damages application ins A2004‑60 amdt 1.413
om A2008‑36 amdt 1.488
def date of service ins A2004‑60 amdt 1.413
def debt application ins A2004‑60 amdt 1.413
om A2008‑36 amdt 1.488
def debt declaration ins A2004‑60 amdt 1.413
om A2008‑36 amdt 1.488
def decision ins A2004‑60 amdt 1.413
def default notice ins A2004‑60 amdt 1.413
om A2010‑21 amdt 1.14
def defendant ins A2004‑60 amdt 1.413
def domestic violence offence ins A2011‑13 amdt 1.20
om A2016‑42 amdt 3.85
def driver ins A2004‑60 amdt 1.413
def eligible State or Territory court ins A2019-32 s 16
def escort ins A2004‑60 amdt 1.413
om A2006‑23 amdt 1.268
def fair work claim ins A2019-32 s 16
def fair work general claim ins A2019-32 s 16
def fair work small claim ins A2019-32 s 16
def family violence offence ins A2016‑42 amdt 3.86
def fine ins A2004‑60 amdt 1.413
sub A2010‑21 amdt 1.15
def fine defaulter ins A2004‑60 amdt 1.413
om A2010‑21 amdt 1.16
def goods application ins A2004‑60 amdt 1.413
om A2008‑36 amdt 1.488
def government agency ins A2004‑60 amdt 1.413
om A2010‑21 amdt 1.16
def hearing ins A2004‑60 amdt 1.413
def home address ins A2004‑60 amdt 1.413
om A2009‑49 amdt 3.115
def illegal user declaration ins A2004‑60 amdt 1.413
def indictable offence ins A2004‑60 amdt 1.413
def indictment ins A2004‑60 amdt 1.413
def industrial or work safety matter ins A2013‑43 s 6
def industrial or work safety offence ins A2013‑43 s 6
def information ins A2004‑60 amdt 1.413
def infringement notice ins A2004‑60 amdt 1.413
sub A2011‑28 amdt 3.183
def infringement notice management plan ins A2020-5 s 26
def infringement notice offence ins A2004‑60 amdt 1.413
def infringement notice penalty ins A2004‑60 amdt 1.413
def inquiry ins A2004‑60 amdt 1.413
om A2008‑36 amdt 1.488
def judgment ins A2004‑60 amdt 1.413
om A2008‑36 amdt 1.488
def judicial exchange arrangement ins A2011‑28 amdt 3.184
def judicial offer ins A2011‑28 amdt 3.184
def jury ins A2004‑60 amdt 1.413
om A2011‑28 amdt 3.185
def known offender declaration ins A2004‑60 amdt 1.413
def law in force in the ACT ins A2004‑60 amdt 1.413
def magistrate ins A2004‑60 amdt 1.413
am A2005‑20 amdt 3.308
def notice of intention to defend form ins A2005‑20 amdt 3.309
def notice to defendant form ins A2005‑20 amdt 3.309
def nuisance application ins A2004‑60 amdt 1.413
om A2008‑36 amdt 1.488
def official ins A2019-32 s 16
def outstanding fine ins A2004‑60 amdt 1.413
om A2010‑21 amdt 1.16
def participating jurisdiction ins A2011‑28 amdt 3.186
def penalty notice ins A2004‑60 amdt 1.413
om A2010‑21 amdt 1.16
def plea of guilty form ins A2005‑20 amdt 3.309
def prescribed offence ins A2004‑60 amdt 1.413
def prescribed period ins A2011‑28 amdt 3.187
def proceeding ins A2004‑60 amdt 1.413
om A2008‑36 amdt 1.488
def reciprocating court ins A2004‑60 amdt 1.413
def referee ins A2004‑60 amdt 1.413
om A2008‑36 amdt 1.488
def reference appeal ins A2005‑5 s 34
def registered ins A2004‑60 amdt 1.413
def registered operator ins A2004‑60 amdt 1.413
om A2005‑20 amdt 3.310
def registrar ins A2004‑60 amdt 1.413
def related offence ins A2014‑1 s 29
def relevant circumstances ins A2020-5 s 26
def relevant officer ins A2004‑60 amdt 1.413
def reminder notice ins A2004‑60 amdt 1.413
def reporting officer ins A2011‑28 amdt 3.187
def respondent ins A2004‑60 amdt 1.413
om A2008‑36 amdt 1.488
def responsible director-general ins A2020-5 s 26
def responsible person ins A2004‑60 amdt 1.413
def review appeal ins A2008‑44 amdt 1.92
am A2011‑28 amdt 3.188
def rules ins A2004‑60 amdt 1.413
sub A2008‑36 amdt 1.489
def security ins A2010‑21 amdt 1.17
def Small Claims Court ins A2004‑60 amdt 1.413
om A2008‑36 amdt 1.490
def sold vehicle declaration ins A2004‑60 amdt 1.413
defState ins A2004‑60 amdt 1.413
def summary conviction ins A2004‑60 amdt 1.413
def superintendent ins A2004‑60 amdt 1.413
om A2006‑23 amdt 1.268
defTerritory entity ins A2004‑60 amdt 1.413
om A2010‑21 amdt 1.18
defTerritory fine ins A2004‑60 amdt 1.413
def this jurisdiction ins A2011‑28 amdt 3.189
def trader’s plate ins A2004‑60 amdt 1.413
om A2005‑20 amdt 3.310
def trespass application ins A2004‑60 amdt 1.413
om A2008‑36 amdt 1.490
def unknown offender declaration ins A2004‑60 amdt 1.413
def vehicle ins A2004‑60 amdt 1.413
def vehicle-related offence ins A2005‑20 amdt 3.311
def warrant ins A2011‑28 amdt 3.190
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
3 Aug 19923 Aug 1992–
27 Nov 1992A1992‑37 initial republication since self-government R1 (RI)
23 Feb 20063 Aug 1992–
27 Nov 1992A1992‑37 reissue of printed version and includes retrospective amendments by A1996‑6 R1A
23 Feb 200623 Nov 1992–
28 Feb 1993A1992‑37 amendments by A1992‑9 and includes retrospective amendments by A1996‑6 R1B
23 Feb 20061 Mar 1993–
7 Mar 1993A1993‑2 amendments by A1993‑2 and includes retrospective amendments by A1996‑6 R1C
23 Feb 20068 Mar 1993–
31 Aug 1993A1993‑4 amendments by A1993‑4 and includes retrospective amendments by A1996‑6 R1D
23 Feb 20061 Sept 1993–
26 Sept 1993A1993‑4 amendments by A1993‑4 and includes retrospective amendments by A1996‑6 R1E
23 Feb 200627 Sept 1993–
16 Dec 1993A1993‑48 amendments by A1993‑48 and includes retrospective amendments by A1996‑6 R2
31 Dec 199317 Dec 1993–
13 Mar 1994A1993‑91 amendments by A1993‑91 and includes retrospective amendments by A1996‑6 R2 (RI)
23 Feb 200617 Dec 1993–
13 Mar 1994A1993‑91 reissue of printed version R2A
23 Feb 20061 July 1994–
10 Oct 1994A1994‑45 amendments by A1994‑4, A1994‑10 and A1994‑38 and includes retrospective amendments by A1996‑6 R2B
23 Feb 200611 Oct 1994–
28 Nov 1994A1994‑66 amendments by A1994‑66 and includes retrospective amendments by A1996‑6 R3
10 Apr 199510 Apr 1995–
17 Dec 1995A1994‑81 amendments by A1994‑45,
A1994‑61 and A1994‑81 and includes retrospective amendments by A1996‑6R3 (RI)
23 Feb 200610 Apr 1995–
17 Dec 1995A1994‑81 reissue of printed version R3A
23 Feb 200618 Dec 1995–
6 May 1996A1995‑46 amendments by A1995‑46 and includes retrospective amendments by A1996‑6 R3B
23 Feb 200612 Sept 1996–
31 Dec 1996A1996‑6 amendments by A1995‑41 and A1996‑6 R3C
23 Feb 200617 May 1997–
29 May 1997A1996‑82 amendments by A1996‑68,
A1996‑74 and A1996‑82R4
30 May 199730 May 1997–
22 Sept 1997A1997‑25 amendments by A1997‑25 R4 (RI)
23 Feb 200630 May 1997–
22 Sept 1997A1997‑25 reissue of printed version R4A
23 Feb 200623 Sept 1997–
24 May 1998A1997‑41 amendments by A1997‑41 R5
1 June 19981 June 1998–
18 Oct 1998A1997‑96 amendments by A1997‑94 and A1997‑96 R5 (RI)
23 Feb 20061 June 1998–
18 Oct 1998A1997‑96 reissue of printed version R6
31 Mar 199931 Mar 1999–
30 Apr 1999A1999‑12 amendments by A1998‑25,
A1998‑38,
A1998‑54 and A1998‑67R6 (RI)
23 Feb 200631 Mar 1999–
30 Apr 1999A1999‑12 reissue of printed version R6A
23 Feb 20061 Sept 1999–
9 Nov 1999A1999‑34 amendments by A1999‑12,
A1999‑22 and A1999‑34R6B
23 Feb 200624 Dec 1999–
29 Feb 2000A1999‑91 amendments by A1999‑59,
A1999‑61,
A1999‑66 and A1999‑91R6C
23 Feb 200610 May 2000–
31 May 2000A2000‑1 amendments by A1999‑64,
A1999‑79 and A2000‑1R6D
23 Feb 20061 June 2000–
8 Sept 2000A2000‑17 amendments by A2000‑17 R7
20 Nov 20005 Oct 2000–
4 Sept 2001A2000‑60 amendments by A2000‑1 and A2000‑60 R7 (RI)
23 Feb 20065 Oct 2000–
4 Sept 2001A2000‑60 reissue of printed version R8
12 Sept 200127 Sept 2001–
30 Nov 2001A2001‑90 amendments by A2001‑44,
A2001‑56,
A2001‑63 and A2001‑70R9
3 Dec 20011 Dec 2001–
13 Mar 2002A2001‑90 amendments by A2001‑62 R10
14 Mar 200214 Mar 2002–
26 Mar 2002A2002‑2 amendments by A2001‑77 and A2002‑2 R11*
27 Mar 200227 Mar 2002–
30 June 2002A2002‑2 amendments by A2001‑90 R12
1 July 20021 July 2002–
12 Sept 2002A2002‑2 amendments by A2001‑18 R13
13 Sept 200213 Sept 2002–
16 Sept 2002A2002‑2 commenced expiry R14
17 Sept 200217 Sept 2002–
10 Oct 2002A2002‑30 amendments by A2002‑30 R15
11 Oct 200211 Oct 2002–
31 Dec 2002A2002‑36 amendments by A2002‑36 R16
1 Jan 20031 Jan 2003–
30 Mar 2003A2002‑36 repealed amendments by A2001‑64 R16 (RI)
12 Feb 20031 Jan 2003–
30 Mar 2003A2002‑36 reissue to include retrospective amendments by A2002‑49 R17*
31 Mar 200331 Mar 2003–
11 Oct 2003
A2003‑2 amendments by A2003‑2 R18
12 Oct 200312 Oct 2003–
18 Dec 2003A2003‑2 commenced expiry R19
19 Dec 200319 Dec 2003–
21 Mar 2004A2003‑56 amendments by A2003‑56 R20
22 Mar 200422 Mar 2004–
8 Apr 2004A2004‑2 amendments by A2004‑2 R21
9 Apr 20049 Apr 2004–
29 Apr 2004A2004‑15 amendments by A2004‑15 R22
30 Apr 200430 Apr 2004–
25 June 2004A2004‑15 amendments by A2003‑48 R23
26 June 200426 June 2004–
24 Aug 2004A2004‑15 amendments by A2004‑14 R24
25 Aug 200425 Aug 2004–
29 Sept 2004A2004‑47 amendments by A2004‑42 R25
30 Sept 200430 Sept 2004–
9 Jan 2005A2004‑47 amendments by A2004‑42 and A2004‑47 R26 (RI)
8 June 200510 Jan 2005–
23 Feb 2005A2004‑60 amendments by A2004‑60 and includes textual correction in s 312 R27 (RI)
8 June 200524 Feb 2005–
24 Mar 2005A2005‑7 amendments by A2005‑5 and A2005‑7 and includes textual correction in s 312 R28 (RI)
8 June 200525 Mar 2005–
1 June 2005A2005‑13 amendments by A2005‑13 and includes textual correction in s 312 R29 (RI)
8 June 20052 June 2005–
22 Nov 2005A2005‑20 amendments by A2005‑20 and includes textual correction in s 312 R30
23 Nov 200523 Nov 2005–
21 Dec 2005A2005‑53 amendments by A2005‑53 R31
22 Dec 200522 Dec 2005–
10 Jan 2006A2005‑60 amendments by A2005‑60 R32*
11 Jan 200611 Jan 2006–
1 June 2006A2005‑60 commenced expiry R33
2 June 20062 June 2006‑
1 July 2006A2006‑23 amendments by A2006‑23 R34
2 July 20062 July 2006‑
18 Dec 2006A2006‑23 commenced expiry R35
19 Dec 200619 Dec 2006‑
31 Dec 2006A2006‑55 amendments by A2006‑55 R36
1 Jan 20071 Jan 2007–
9 Nov 2007A2006‑55 amendments by A2006‑40 as amended by A2006‑55 R37
10 Nov 200710 Nov 2007–
17 Dec 2007A2007‑15 amendments by A2007‑8 R38
18 Dec 200718 Dec 2007–
19 Dec 2007A2007‑44 amendments by A2007‑15 R39
20 Dec 200720 Dec 2007–
15 Apr 2008A2007‑44 amendments by A2007‑44 R40
16 Apr 200816 Apr 2008–
28 July 2008A2008‑6 amendments by A2008‑6 R41
29 July 200829 July 2008–
26 Aug 2008A2008‑22 amendments by A2008‑22 R42
27 Aug 200827 Aug 2008–
1 Feb 2009A2008‑29 amendments by A2008‑29 R43
2 Feb 20092 Feb 2009–
26 Feb 2009A2008‑46 amendments by A2008‑36 and A2008‑37 R44
27 Feb 200927 Feb 2009–
7 Mar 2009A2008‑46 amendments by A2008‑19 and A2008‑20 R45
8 Mar 20098 Mar 2009–
29 Mar 2009A2009‑7 amendments by A2008‑42 R46
30 Mar 200930 Mar 2009–
29 May 2009A2009‑7 amendments by A2008‑46 R47
30 May 200930 May 2009–
3 Sept 2009SL2009‑20 amendments by A2008‑41, A2008‑44 and A2009‑7 and modifications by SL2009‑20 R48
4 Sept 20094 Sept 2009–
28 Sept 2009A2009‑24 amendments by A2009‑24 R49
29 Sept 200929 Sept 2009–
21 Oct 2009A2009‑24 amendments by A2009‑19 R50
22 Oct 200922 Oct 2009–
30 Oct 2009A2009‑37 amendments by A2009‑37 R51
31 Oct 200931 Oct 2009–
16 Dec 2009SL2009‑51 modifications by SL2009‑2 as amended by SL2009‑51 R52
17 Dec 200917 Dec 2009–
21 Dec 2009A2009‑49 amendments by A2009‑49 R53
22 Dec 200922 Dec 2009–
2 Mar 2010A2009‑54 amendments by A2009‑54 R54
3 Mar 20103 Mar 2010–
27 Apr 2010A2009‑54 amendments by A2009‑22 R55*
28 Apr 201028 Apr 2010–
30 May 2010A2010‑13 amendments by A2010‑13 R56
31 May 201031 May 2010–
30 June 2010A2010‑13 commenced expiry R57
1 July 20101 July 2010–
27 Sept 2010A2010‑21 amendments by A2010‑21 R58
28 Sept 201028 Sept 2010–
1 Nov 2010A2010‑30 amendments by A2010‑30 R59
2 Nov 20102 Nov 2010–
27 Feb 2011A2010‑40 amendments by A2010‑40 R60
28 Feb 201128 Feb 2011–
30 June 2011A2010‑40 expiry of transitional provisions (ch 10) R61
1 July 20111 July 2011–
24 July 2011A2011‑22 amendments by A2011‑22 R62
25 July 201125 July 2011–
30 Aug 2011A2011‑22 amendments by A2011‑13 R63
31 Aug 201131 Aug 2011–
20 Sept 2011A2011‑30 amendments by A2011‑30 R64
21 Sept 201121 Sept 2011–
11 Dec 2011A2011‑30 amendments by A2011‑28 R65
12 Dec 201212 Dec 2012–
29 Feb 2012A2011‑52 amendments by A2011‑52 R66
1 Mar 20121 Mar 2012–
11 Apr 2012A2011‑52 amendments by A2011‑48 R67
12 Apr 201212 Apr 2012–
23 Apr 2013A2012‑13 amendments by A2012‑13 R68*
24 Apr 201324 Apr 2013–
7 Nov 2013A2013‑12 amendments by A2013‑12 R69
8 Nov 20138 Nov 2013–
11 Nov 2013A2013‑43 amendments by A2013‑43 R70
12 Nov 201312 Nov 2013–
9 Feb 2014A2013‑45 amendments by A2013‑45 R71
10 Feb 201410 Feb 2014–
1 Apr 2014A2013‑52 amendments by A2013‑52 R72
2 Apr 20142 Apr 2014–
20 Apr 2015A2014-1 amendments by A2014-1 R73
21 Apr 201521 Apr 2015–
9 Dec 2015A2015-10 amendments by A2015-10 R74
10 Dec 201510 Dec 2015–
26 Apr 2016A2015-52 amendments by A2015-52 R75
27 Apr 201627 Apr 2016–
28 June 2016A2016-18 amendments by A2016-18 R76
29 June 201629 June 2016–
29 June 2016A2016-37 amendments by A2016-37 R77
30 June 201630 June 2016–
30 June 2016A2016-37 expiry of validation provisions (ch 13) R78
1 July 20161 July 2016–
31 Aug 2016A2016-37 amendments by A2016-12 R79
1 Sept 20161 Sept 2016–
13 Oct 2016A2016-52 amendments by A2016-52 R80
14 Oct 201614 Oct 2016–
14 Dec 2016A2016-52 amendments by A2016-22 as amended by A2016‑37 R81
15 Dec 201615 Dec 2016–
30 Apr 2017A2016‑52 amendments by A2016‑28 R82
1 May 20171 May 2017–
1 Mar 2018A2017‑10 amendments by A2016‑42 as amended by A2017‑10 R83
2 Mar 20182 Mar 2018–
25 Apr 2018A2018‑6 amendments by A2018‑6 R84
26 Apr 201826 Apr 2018–
31 Aug 2018A2018‑9 amendments by A2018‑9 R85
1 Sept 20181 Sept 2018–
7 Nov 2018A2018‑9 amendments by A2018‑6 R86
8 Nov 20188 Nov 2018–
15 Dec 2018A2018‑40 amendments by A2018‑40 R87
16 Dec 201816 Dec 2018–
12 Mar 2019A2018‑40 expiry of transitional provisions (ch 14) R88
13 Mar 201913 Mar 2019–
20 June 2019A2018‑40 amendments by A2018-39 R89
21 June 201921 June 2019–
18 Sept 2019A2019‑17 amendments by A2019‑17 R90
19 Sept 201919 Sept 2019–
9 Oct 2019A2019‑21 amendments by A2019‑21 R91
10 Oct 201910 Oct 2019–
13 Mar 2020A2019-32 amendments by A2019-32 R92
14 Mar 202014 Mar 2020–
9 Sept 2020A2019‑32 expiry of provisions (s 7D (3)-(5)) R93
10 Sept 202010 Sept 2020–
8 Oct 2020A2020‑42 amendments by A2020‑42 R94
9 Oct 20209 Oct 2020–
8 Apr 2021A2020‑42 amendments by A2019-32 R95
9 April 20219 April 2021–
15 June 2021A2021‑6 amendments by A2021‑6 R96
16 June 202116 June 2021–
16 Dec 2022A2021‑13 amendments by A2021‑13 R97
17 Dec 202217 Dec 2022–
12 Sept 2023A2022‑11 amendments by A2022‑11 R98
13 Sept 202313 Sept 2023–
29 Sept 2023A2023‑33 amendments by A2023‑33 R99
30 Sept 202330 Sept 2023–
26 Feb 2024A2023‑37 amendments by A2023‑37 R100
27 Feb 202427 Feb 2024–
19 Apr 2024A2023‑37 amendments by A2020-5 as amended by A2021-33 R101
20 Apr 202420 Apr 2024–
18 June 2025A2024‑12 amendments by A2024‑12 R102
19 June 202519 June 2025–
30 June 2025A2024‑27 amendments by A2024‑27 R103
1 July 20251 July 2025–
25 Nov 2025A2024‑34 amendments by A2024‑34
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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