Australian Capital Territory
Magistrates Court Act 1930    
A1930-21
Republication No 80
Effective:  14 October 2016 – 14 December 2016
Republication date: 14 October 2016
Last amendment made by A2016‑52
(republication for amendments by A2016-22
as amended by A2016‑37)

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 14 October 2016.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 14 October 2016.  
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 www.legislation.act.gov.au):
•	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 (www.legislation.act.gov.au). 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 $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
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	4
	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	6
	7E	Acting Chief Magistrate	6
	7F	Retirement	7
	7G	Magistrates not to do other work	7
	7H	Rights of public servants	8
Division 2.2.2	Special magistrates
	8	Appointment of special magistrates	8
	8AA	Requirements of appointment—special magistrates	8
	8A	Term of appointment of special magistrates	8
	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	Magistrate sued for act not within jurisdiction	18
	17C	Committal or enforcement order by magistrate on order of court	19
	17D	No action for acts done under Supreme Court order	19
	17E	No action if proceeding confirmed on appeal	19
	17F	Actions in cases prohibited	19
	17G	Payment into court	19
	17H	No action against magistrate for judicial acts in Magistrates Court	20
	17I	Magistrate sued for acts within magistrate’s jurisdiction only liable in case of malice and absence of reasonable and probable cause	20
	17J	Verdict for defendant	21
	17K	Damages	21
Chapter 3	Criminal proceedings
Part 3.1	Preliminary
	18A	Definitions for ch 3	22
Part 3.2	Criminal jurisdiction
	19	Jurisdiction of court	23
	21	Jurisdiction of court if defendant absent from ACT	23
	22	Proceeding of court if it considers offence should be dealt with on indictment	23
Part 3.3	Beginning criminal proceedings
Division 3.3.1	Beginning criminal proceedings—general
	25	Informations	24
Division 3.3.2	Informations
	26	Laying of informations	24
	27	Description of people and property and of offences	24
	28	Power of court to amend information	24
	29	Court may adjourn hearing if amendment made	25
	30	Form of information	25
Division 3.3.3	Summonses
	37	When magistrate may issue summons	25
	38	Form of summons	26
	41	Service of summons	26
Division 3.3.3A	Court attendance notices
	41A	Definitions—div 3.3.3A	27
	41B	Commencing criminal proceeding by court attendance notice	27
	41C	Court attendance notice––service	28
	41D	Court attendance notice—filing	29
	41E	Court attendance notice—relationship to information and summons	29
Division 3.3.4	Warrants
	42	Issue of warrant and summons	30
	43	Procedure on filing indictment	31
	44	Direction of warrant	32
	45	Any police officer may execute warrant	32
	47	Form of arrest warrant	32
	48	Warrant to be in force till executed	32
	49	Sunday warrants	32
Part 3.4	Hearing of criminal proceedings
Division 3.4.1	Hearing of criminal proceedings—general
	53	Conduct of case generally	33
	54	If both parties present in court to hear case	33
Division 3.4.2	Warrants for witnesses
	62	Definitions—div 3.4.2	34
	63	Warrant to bring witness to court	34
	64	First instance warrant	35
	65	Warrant remains in force until executed	36
	66	Executing a warrant	36
	67	Procedure after arrest	37
	68	Orders following executed warrant	38
Division 3.4.3	Remand
	70	Remand of defendant	39
	72	Bringing remanded defendant before court	40
	72A	Bail application hearings—audiovisual links	40
	72B	Defendant’s appearance in non-bail proceedings—audiovisual links	41
Division 3.4.4	Committal and recognisance
	73A	Extended application of div 3.4.4	41
	74	Remand of defendant before decision	41
	75	Remand of witness or defendant after decision	42
	76	Witnesses may be discharged on recognisance	42
	77	Recognisances	42
	78	Issue of warrant for non-appearance	42
	79	Recognisances taken out of court	43
	80	Forfeited recognisances—how enforced	43
Division 3.4.5	Adjournment of criminal proceedings
	83	Magistrate may adjourn court generally	43
	84	Particular cases may be adjourned	44
	85	Proceeding if either party not present at adjourned hearing	44
	86	Proceeding if both parties present at adjourned hearing	44
	87	Witness to attend adjourned etc hearing	45
	88	Postponement of hearing	45
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	46
Division 3.5.1A	Waiver of committal proceedings
	88B	Court may waive committal proceedings	46
Division 3.5.2	Indictable offences—beginning of proceedings
	89	Indictable offences—issue of warrant for non-appearance	46
	89A	Accused person may be excused from attendance before court	48
	90	Committal proceedings—prosecution evidence to be given to accused person	49
	90AA	Written statements may be admitted in evidence	50
	90AB	Witnesses generally not to be cross-examined at committal hearing	52
	90ABA	Attendance of accused not required if order made under s 89A	53
	90A	Plea of guilty at committal hearing	54
	90B	Back-up and related offences––transfer to Supreme Court	57
	91	Proceeding following prosecution evidence	58
	92A	Committal for sentence for indictable offence tried summarily	59
	92B	Depositions as evidence	59
	93	Admissions and confessions	60
Division 3.5.3	Indictable offences—proceedings after hearing of evidence
	94	Discharge or committal for trial	60
	95	Depositions of dead or absent people	61
	96	Evidence for defence	62
Division 3.5.4	Indictable offences—costs
	97	Discontinued proceeding	62
Division 3.5.5	Indictable offences—witness recognisances
	103	Recognisance of witnesses etc	63
	104	Signature of magistrate—notice to witnesses	63
	105	Court may remand noncompliant witness	63
Division 3.5.6	Indictable offences—other provisions
	105A	Meaning of certified copy of depositions in div 3.5.6	64
	106	Giving depositions etc to director of public prosecutions	64
	107	Giving documents to proper officer of court	65
	108	Accused person may obtain copies of depositions etc	65
Part 3.6	Proceedings for offences punishable summarily
	108A	Indictable offences dealt with summarily	66
	109	Dismissal or adjournment in absence of informant	66
	110	Hearing in absence of defendant	67
	111	Adjournment if defendant does not appear	68
	112	Summary proceedings—issue of warrant for non-appearance at adjourned or postponed hearing	69
	112A	Court may direct defendant to appear	69
	113	Proceeding at hearing on defendant’s confession	70
	114	If defendant does not admit the case	70
	115	Conduct of summary proceeding	71
Part 3.7	Service and pleading by post for certain offences
	116A	Definitions for pt 3.7	72
	116AA	Meaning of prescribed offence for pt 3.7	72
	116B	Service of summons for prescribed offence	73
	116BA	Giving of notice by registrar	74
	116C	Proof of service	74
	116D	Pleas to prescribed offence	75
	116E	Procedure if plea of guilty entered	75
	116F	Procedure if notice of intention to defend given	76
	116FA	Procedure if defendant pleads not guilty	76
	116G	Procedure if defendant does not plead	77
	116H	Restricted penalties under pt 3.7	78
	116I	Consequences of conviction in absence of defendant	79
Part 3.8	Infringement notices for certain offences
Division 3.8.1	Preliminary
	117	Definitions for pt 3.8	80
	118	Purpose and effect of pt 3.8	81
	119	Regulations about infringement notice offences	82
Division 3.8.2	Infringement and reminder notices
	120	Service of infringement notices	83
	121	Contents of infringement notices	84
	122	Additional information in infringement notices	85
	123	Time for payment of infringement notice penalty	86
	124	Extension of time to pay penalty	87
	125	Effect of payment of infringement notice penalty	87
	126	Application for withdrawal of infringement notice	88
	127	Withdrawal of infringement notice	89
	128	Guidelines about withdrawal of infringement notices	90
	129	Reminder notices	90
	130	Contents of reminder notices	91
	131	Additional information in reminder notices	91
Division 3.8.3	Additional provisions for vehicle-related offences
	131A	Meaning of infringement notice	93
	131B	Service of infringement notice on responsible person for vehicles	93
	131C	Liability for vehicle-related offences	95
	131D	Illegal user declarations	96
	131E	Known offender declarations	98
	131F	Sold vehicle declarations	99
	131G	Unknown offender declarations	101
Division 3.8.4	Disputing liability for infringement notices
	132	Disputing liability for infringement notice offence	102
	133	Extension of time to dispute liability	103
	134	Procedure if liability disputed	103
Division 3.8.5	Infringement notices—other provisions
	134A	Authorised people for infringement notice offences	105
	135	Delegation of administering authority’s functions	106
	136	Evidentiary certificates	106
Part 3.9	Enforcement of criminal decisions
Division 3.9.1	Enforcement of criminal decisions—general
	141	Minute of decision and notice to defendant	108
	142	Formal convictions and orders	109
	143	Consequences if information dismissed	109
	144	Copies of informations and other documents	110
Division 3.9.3	Reciprocal enforcement of fines against bodies corporate
	166A	Definitions for div 3.9.3	110
	166B	Declarations relating to reciprocating courts	111
	166C	Enforcement of fine	111
	166D	Effect of enforcement by reciprocating court	113
	166E	Registrar to notify payment of territory fine	113
Division 3.9.4	Enforcement of criminal decisions—other provisions
	184	Enforcement of costs against informant	114
	191	Accounts to be kept of amounts received	114
	193	Forfeited goods may be sold	114
	194	Enforcement order not void for form only	114
	195	Convictions etc to be given to Supreme Court registrar	115
Part 3.10	Criminal appeals
Division 3.10.1	Criminal appeals—jurisdiction of Supreme Court
	207	Jurisdiction of Supreme Court	116
Division 3.10.2	Appeals in criminal matters
	208	Appeals to which div 3.10.2 applies	116
	209	Institution of appeal	118
	210	Substituted service of notice of appeal	119
	214	Appeals in cases other than civil cases	119
	216	Stay of execution pending appeal in certain cases	120
	218	Orders by Supreme Court on appeals	121
	219	No right of appeal under div 3.10.2 if review appeal	121
Division 3.10.2A	Reference appeals in criminal matters
	219A	What is a reference appeal?	122
	219AB	Reference appeal in relation to proceeding	122
	219AC	Who may be heard at reference appeal	122
	219AD	Reference appeal decision does not affect verdict	122
Division 3.10.3	Review appeals in criminal matters
	219B	Decisions subject to review appeal	123
	219C	How review appeal is instituted	124
	219D	Grounds for review	125
	219E	Report by Magistrate	125
	219F	Powers of Supreme Court	126
Division 3.10.4	Criminal appeals—other provisions
	222	Control of Supreme Court over summary convictions	128
	223	Amendment of documents	129
	224	In cases of certiorari order	129
	225	Notice dispensed with	130
	226	Power of court to admit to bail	130
	227	Respecting the amendment of convictions etc	131
	228	No summons or information	131
	229	Distribution of penalty	132
Part 3.11	Costs in criminal matters
	244	Costs in criminal matters	133
Part 3.12	Securities in criminal matters
	248	Meaning of security—pt 3.12	134
	249	Securities taken under Act	134
	250	Recovery of amount due under security	134
	252	Sums paid by surety may be recovered from principal	134
	253	Payment enforced by security	135
	254	Enforcement of recognisance	135
Chapter 4	Civil proceedings
Part 4.1	Preliminary
	256	Application of ch 4	137
Part 4.2	Civil jurisdiction
	257	Personal actions at law—amount or value	138
	258	Power of court to grant relief	139
	259	Rules of equity to prevail	139
	260	Nuisance	140
	261	Disputed debts	140
	262	Cause of action arising, or defendant resident, outside ACT	140
	263	Requests under conventions relating to legal proceedings in civil and commercial matters	141
	264	Proceedings affecting title to land	141
	265	Disputes under Residential Tenancies Act	142
	266	Complaints under Utilities Act, pt 12	142
	266A	Civil disputes under ACT Civil and Administrative Tribunal Act	142
	266B	Enforcement of ACT Civil and Administrative Tribunal order—representation	143
Part 4.3	Case stated for Supreme Court
	267	Case stated	144
Part 4.4	Transfer of proceedings from or to Supreme Court
	268	Transfer of action from Supreme Court	145
	269	Procedure on transfer of action from Supreme Court	145
	270	Removal of proceedings into Supreme Court	146
	271	Stay of proceedings	146
Part 4.5	Civil appeals
	272	Meaning of appeal—pt 4.5	147
	273	Jurisdiction	147
	274	Cases in which appeal may be brought	147
	276	Evidence on appeal	148
Chapter 4A	The Childrens Court
Part 4A.1	The Childrens Court
	287	Childrens Court	149
	288	Jurisdiction of Childrens Court	149
	289	Procedure for proceedings where children jointly charged with adults	150
	290	Chief Magistrate to arrange business of Childrens Court	151
	291	Childrens Court Magistrate to hear all matters	151
Part 4A.2	Childrens Court Magistrate
	291A	Childrens Court Magistrate	152
	291B	Acting Childrens Court Magistrate	152
	291C	Assignment of other magistrates for Childrens Court matters	153
	291D	Completion of part-heard matters	154
Part 4A.3	Criminal proceedings
	291E	Procedures for hearing indictable offences	155
	291F	Childrens Court may adjourn hearings to allow access to legal advice	155
	291G	Childrens Court may send cases to Supreme Court for sentencing	156
Chapter 4B 	The Family Violence Court
Part 4B.1	Preliminary
	291H	Meaning of domestic violence offence	157
	291I	Purpose—ch 4B	157
Part 4B.2	The Family Violence Court
	291J	Family Violence Court	158
	291K	Jurisdiction of Family Violence Court	158
Chapter 4C	Galambany Court
	291L	Definitions—ch 4C	159
	291M	Galambany Court	159
	291N	Directions about procedure for Galambany Court	159
Chapter 4D	The Industrial Court
Part 4D.1	Preliminary
	291O	Definitions—ch 4D	160
Part 4D.2	The Industrial Court
	291P	Industrial Court	161
	291Q	Jurisdiction of Industrial Court	161
	291R	Chief Magistrate to arrange business of Industrial Court	163
	291S	Industrial Court Magistrate to hear all matters	164
	291T	Transfer of industrial or work safety matter to Supreme Court	164
Part 4D.3	Industrial Court Magistrate
	291U	Industrial Court Magistrate	165
	291V	Acting Industrial Court Magistrate	165
	291W	Assignment of other magistrates for Industrial Court matters	166
	291X	Industrial Court—completion of part-heard matters	166
Chapter 5	Miscellaneous
Part 5.1	Offences
	292	Failure to comply with order in nuisance action	168
	298	Prejudice to employee	168
Part 5.2	Other
	307	Contempt of court	169
	308	Magistrates Court’s seal	169
	309	Directions about procedure	170
	310	Hearings generally to be in public	170
	311	Appearance by audiovisual or audio links etc	171
	312	Failure to give evidence—committal	172
	314	Registrar to give directions for preparation of transcript	173
	315	Applications for transcripts	174
	316	Record of proceedings	176
	317	Record of proceedings and transcript	177
	318	Person about to leave ACT may be ordered to be examined or produce documents	179
	319	Witnesses’ rights and liabilities	179
	320	Depositions to be given to registrar	180
	320A	Domestic violence offence information	180
	321	Regulation-making power	181
Schedule 1	Oath and affirmation of office	182
Schedule 2	ACT and corresponding courts	183
Dictionary		184
Endnotes
	1	About the endnotes	191
	2	Abbreviation key	191
	3	Legislation history	192
	4	Amendment history	217
	5	Earlier republications	283
	6	Expired transitional or validating provisions	292

Australian Capital Territory
Magistrates Court Act 1930

An Act to establish a Magistrates Court, to provide for the appointment of magistrates, and for other purposes

    

Chapter 1	Preliminary
1	Name of Act
This Act is the Magistrates Court Act 1930.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The 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 2	A 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)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Chapter 2	Magistrates Court and magistrates
Part 2.1	The court
4	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.
5	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.
5A	Magistrate 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
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(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 2.2	Appointment and jurisdiction of magistrates
Division 2.2.1	Magistrates other than special magistrates
6	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.
7	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.
Note	For 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.
7AA	Requirements 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.
Note	A notifiable instrument must be notified under the Legislation Act.
7A	Eligibility 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.
7B	Seniority 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.
7C	Conditions of appointment of magistrates
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.
7D	Term of appointment of magistrates
	(1)	A magistrate is appointed for the term ending when the magistrate turns 65 years old.
Note 1	The Judicial Commissions Act 1994, s 4 provides that a magistrate may only be removed from office in accordance with that Act.
Note 2	A magistrate’s appointment also ends if the magistrate resigns (see Legislation Act, s 210).
	(2)	A person who is at least 65 years old must not be appointed as a magistrate.
7E	Acting Chief Magistrate
	(1)	The Executive may appoint a magistrate to act as Chief Magistrate.
Note	See 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.
7F	Retirement
	(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.
Note	A notifiable instrument must be notified under the Legislation Act.
7G	Magistrates 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.
7H	Rights 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
8	Appointment of special magistrates
The Executive may appoint special magistrates.
Note	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
8AA	Requirements 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.
Note	A notifiable instrument must be notified under the Legislation Act.
8A	Term 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 1	The Judicial Commissions Act 1994, s 4 provides that a magistrate may only be removed from office in accordance with that Act.
Note 2	A 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.
8B	Conditions 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
9	Appointment of registrar etc
	(1)	The Minister may appoint a registrar of the Magistrates Court.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2	In 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.
9B	Functions 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.
Note	A 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
9C	Definitions—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.
Note	State includes the Northern Territory (see Legislation Act, dict, pt 1).
this jurisdiction means the ACT.
9D	Establishment 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.
9E	Transfer 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.
9F	Service 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.
9G	Service 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.
9H	Judicial 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.
9I	Other 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.
9J	Amendment of sch 2
A regulation may amend schedule 2.
Division 2.2.4	Jurisdiction of magistrates
10P	Oath 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.
11	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.
12	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.
13	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.
15	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.
16	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.
17	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 2.3	Protection of magistrates in execution of their office
    
17A	Magistrate sued for act not within jurisdiction
	(1)	Any person injured by an act done by a magistrate in a matter in which by law the magistrate has no jurisdiction or in which the magistrate has exceeded his or her jurisdiction, or by an act done under any conviction or order made or warrant or writ issued by a magistrate in any such matter, may maintain in the Supreme Court an action against the magistrate without alleging in his or her statement of claim that the act complained of was done maliciously and without reasonable and probable cause.
	(2)	No such action is maintainable for anything done under any such conviction or order until after the conviction or order has been quashed or set aside on appeal.
	(3)	No such action is maintainable for anything done under any such warrant that was issued by the magistrate to procure the appearance of the person charged, and that has been followed by a conviction or order in the same matter, until after the conviction or order has been so quashed or set aside.
	(4)	If the lastmentioned warrant has not been followed by a conviction or order, or if it is a warrant on an information of an alleged indictable offence, and if a summons was issued previously to the warrant being issued, and the summons was served on the person charged either personally or by leaving it for the person with someone at the person’s last-known or usual home or business address, and the person did not appear according to the exigency of the summons, in that case no action is maintainable against the magistrate for anything done under the warrant.
17C	Committal or enforcement order by magistrate on order of court
If a conviction or order is made by the court and a committal order or enforcement order is made for the conviction or order by a magistrate bona fide and without collusion, an action in relation to any defect in the conviction or order or any want of jurisdiction in the court making the conviction or order is maintainable only against the magistrate constituting the court that made the conviction or order.
17D	No 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.
17E	No action if proceeding confirmed on appeal
If a committal order or enforcement order is made by a magistrate on a conviction or order that, either before or after the making of the committal order or enforcement order, is confirmed on appeal, an action is not maintainable against the magistrate who made the committal order or enforcement order for anything done under it because of any defect in the conviction or order.
17F	Actions in cases prohibited
If any action, which by this Act is declared to be not maintainable, is brought against a magistrate, the Supreme Court, on application of the defendant, and on affidavit of the facts, may set aside or stay the proceeding with or without costs.
17G	Payment into court
	(1)	After an action under this part has been started but before the case has been heard, a defendant may pay into court the amount the defendant considers appropriate.
	(2)	Judgment must be given for the defendant if the Supreme Court at the trial considers that the plaintiff is not entitled to damages beyond the amount paid into court, and the amount paid into court, or the part of it that is enough to meet the defendant’s costs, must be paid out of court to the defendant, and the rest (if any) must be paid to the plaintiff.
	(3)	If the plaintiff accepts the amount paid into court in satisfaction of the plaintiff’s damages in the action, the plaintiff may apply to the Supreme Court for an order for the payment of the amount out of court to the plaintiff, with or without costs.
	(4)	If the Supreme Court makes the order, the action is decided and the order is a bar to any other action for the same cause.
17H	No action against magistrate for judicial acts in Magistrates Court
An action must not be brought in the Magistrates Court against a magistrate in relation to anything done by the magistrate in the execution of the magistrate’s office.
17I	Magistrate sued for acts within magistrate’s jurisdiction only liable in case of malice and absence of reasonable and probable cause
In an action against a magistrate for any act done by the magistrate in the execution of the magistrate’s duty as a magistrate in relation to any matter within the magistrate’s jurisdiction as a magistrate, it must be expressly alleged in the statement of claim that the act was done maliciously and without reasonable and probable cause, and if the allegations are denied, and at the trial of the action the plaintiff fails to prove them, judgment must be given for the defendant.
17J	Verdict for defendant
If the plaintiff in an action against a magistrate does not prove the cause of action at the trial, judgment must be given for the defendant.
17K	Damages
If—
	(a)	the plaintiff in an action against a magistrate is entitled to recover, and seeks to recover a penalty or other amount paid or raised as a result of a conviction, judgment or order or to recover damages for imprisonment; and
	(b)	it is proved that the plaintiff was guilty of the offence or liable to pay the amount or, for imprisonment, did not undergo any greater punishment than could have been imposed for the offence of which the plaintiff was convicted;
the plaintiff is not entitled to recover the penalty or other amount paid or raised or, for imprisonment, damages greater than 1 cent, or any costs in the action.

Chapter 3	Criminal proceedings
Part 3.1	Preliminary
18A	Definitions 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 3.2	Criminal jurisdiction
19	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.
21	Jurisdiction of court if defendant absent from ACT
The court has jurisdiction even though the defendant is not in the ACT.
22	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 3.3	Beginning criminal proceedings
Division 3.3.1	Beginning criminal proceedings—general
25	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
26	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.
27	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.
28	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.
29	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.
30	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
37	When magistrate may issue summons
If an information is laid before a magistrate, the magistrate may issue a summons.
38	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.
41	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
41A	Definitions—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.
41B	Commencing 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.
Note	If 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.
41C	Court 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.
41D	Court 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.
41E	Court 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
42	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).
43	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.
44	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. 
45	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.
47	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.
48	Warrant to be in force till executed
A warrant need not be returnable at any particular time, but may remain in force until executed.
49	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 3.4	Hearing of criminal proceedings
Division 3.4.1	Hearing of criminal proceedings—general
53	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.
54	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
62	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.
63	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.
64	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.
65	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.
66	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.
67	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.
68	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
70	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 1	The 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 2	The 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.
72	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.
Note	The 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.
72A	Bail 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.
72B	Defendant’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 place other than participating State) 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
73A	Extended 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.
74	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 1	If 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 2	The Crimes (Sentence Administration) Act 2005, pt 3.2 provides for the director‑general to have custody of the defendant during the remand.
75	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.
76	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.
77	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.
78	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).
79	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.
80	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
83	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.
84	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 1	The 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 2	The Crimes (Sentence Administration) Act 2005, pt 3.2 provides for the director‑general to have custody of the defendant during the remand.
85	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.
86	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.
87	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.
88	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 3.5	Proceedings for indictable offences
Division 3.5.1	Dispensing with application of part
88A	Dispensing 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
88B	Court 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.
Note	If a form is approved under the Court Procedures Act 2004, s 8 for this provision, the form must be used.
	(2)	In this section:
accused person means a person charged with an indictable offence.
Division 3.5.2	Indictable offences—beginning of proceedings
89	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.
89A	Accused 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.
	(3)	The court must not make an order under subsection (1) unless the court has been informed, by or on behalf of the applicant, that the applicant is represented by a lawyer for the purposes of the proceeding.
	(4)	The court may, at any time during a proceeding begun by an information for an indictable offence, direct the informant to give to a person in relation to whom an order has been made under subsection (1) written notice requiring the person to attend before the court, for the purposes of the proceeding, at the time and place specified by the court.
	(5)	If—
	(a)	a person has been excused, under subsection (1), from attendance before the court; and
	(b)	all the evidence for the prosecution has been taken;
the court must direct the informant to give to the person a written notice requiring the person to attend, at the time and place specified by the court, to be dealt with in accordance with section 91.
	(6)	A notice under subsection (4) or (5) may be given to a person by—
	(a)	giving a copy of the notice to the person; or
	(b)	leaving a copy of the notice 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.
	(7)	The giving of a notice under subsection (4) or (5) may be proved in the same way as the service of a summons.
	(8)	If an accused person does not attend before the court in accordance with a notice under subsection (4) or (5), the court may issue a warrant for the arrest of the person and for bringing the person before the court at the time and place specified in the warrant.
90	Committal proceedings—prosecution evidence to be given to accused person
	(1)	This section applies if a person (the accused person) is charged with an indictable offence and a committal hearing is to be held in relation to the charge.
	(2)	Within the period, prescribed under the rules, before the date set for the committal hearing, the informant must serve the following documents on the accused person:
	(a)	a copy of the written statements that the informant proposes to tender at the hearing; 
	(b)	for each exhibit identified in the statements—a copy of the exhibit or a notice relating to inspection of it.
	(3)	A copy of the documents served must be filed in the court within the period prescribed under the rules.
	(4)	Before the committal hearing, the accused person or the person’s lawyer may ask the informant to allow the accused person or the person’s lawyer to—
	(a)	inspect the exhibits mentioned in the notice (if any) served on the accused person under subsection (2) (b); and
	(b)	if a statement is in the form of a transcript of a recording as mentioned in section 90AA (4)—listen to or view the recording.
	(5)	The informant must comply with a request under subsection (4).
	(6)	Subsection (4) (b) does not entitle the accused person or the person’s lawyer to be given or make a copy of the recording.
90AA	Written statements may be admitted in evidence
	(1)	If the informant has served a copy of a written statement on the accused person in accordance with section 90, the court at the committal hearing must (subject to subsection (3)) admit the statement (and any exhibit identified in it) as evidence of the matters in it.
	(2)	The statement is the deposition of the person who made it if admitted into evidence.
	(3)	Subject to subsection (4), a written statement must not be admitted in evidence by the court unless—
	(a)	it contains the following endorsement by the person who made it:
‘This statement made by me accurately sets out the evidence that I would be prepared, if necessary, to give in court as a witness.  The statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I will be liable to prosecution if I have wilfully stated in it anything that I know to be false or do not believe to be true.’; and
	(b)	it contains a statement that, before the person signed it, the person who made it read the statement or had it read to the person.
	(4)	A written statement that is in the form of a transcript of a recording made by a police officer may be admitted in evidence by the court if—
	(a)	the transcript is of a recording of an interview with a person during which the person was questioned by the police officer in connection with the investigation of an offence the subject of the proceeding; and
	(b)	a police officer certifies that the statement is an accurate transcript of the recording.
	(5)	If it appears to the court that any part of a written statement tendered in evidence under this section is inadmissible according to the rules of evidence, the court may, if the statement is otherwise admissible under this section, admit that statement, but, if it does so, must identify the part that is inadmissible and must, with reference to that part, write on the statement the words ‘ruled inadmissible’ or words to that effect.
	(6)	A prosecution witness may give evidence-in-chief in person at a committal hearing only with the court’s leave.
	(7)	The court may give leave only—
	(a)	on application by the prosecution; and
	(b)	if it considers that the interests of justice cannot adequately be satisfied if the witness’s evidence-in-chief is not given in person at the hearing.
	(8)	However, a person must not be required to attend and give evidence at a committal hearing in relation to a sexual offence (whether or not the hearing also relates to another offence) if the person is a complainant in relation to the sexual offence.
	(9)	In this section:
sexual offence means an offence against the Crimes Act 1900, part 3 (Sexual Offences), part 4 (Female genital mutilation) or part 5 (Sexual servitude).
90AB	Witnesses generally not to be cross-examined at committal hearing
	(1)	A witness must not be cross-examined at a committal hearing if—
	(a)	the hearing relates to a sexual offence (whether or not it relates also to another offence); and
	(b)	the witness is a complainant in relation to the sexual offence.
	(2)	A witness (other than a witness mentioned in subsection (1)) must not be cross-examined at a committal hearing unless, on application by the party seeking to cross-examine the witness, the court is satisfied that—
	(a)	the party has—
	(i)	identified an issue to which the proposed questioning relates; and
	(ii)	provided a reason why the evidence of the witness is relevant to the issue; and
	(iii)	explained why the evidence disclosed by the prosecution does not address the issue; and
	(iv)	identified to the court the purpose and general nature of the questions to be put to the witness to address the issue; and
	(b)	the interests of justice cannot adequately be satisfied by leaving cross-examination of the witness about the issue to the trial.
	(3)	In this section:
sexual offence means an offence against the Crimes Act 1900, part 3 (Sexual offences), part 4 (Female genital mutilation) or part 5 (Sexual servitude).
90ABA	Attendance of accused not required if order made under s 89A
The accused person is not required to be present at the committal hearing if the person is excused from attending the hearing under section 89A.
90A	Plea of guilty at committal hearing
	(1)	This section does not apply in relation to a person charged with an indictable offence punishable by imprisonment for life.
	(2)	Subsections (3), (4), (5) and (6) do not apply in relation to a person charged with an offence in relation to which the Crimes Act, section 374 or section 375 applies.
	(3)	A person (the accused person) who is before the court charged with an indictable offence may at any stage of the proceeding plead guilty to the charge.
	(4)	The court may accept or reject the plea but the rejection of the plea at any stage of the proceeding does not prevent the accused person from pleading guilty under this section at a later stage of the proceeding and the court may accept or reject the plea at that later stage.
	(5)	If the court rejects the plea, the proceeding before the court must continue as if the plea had not been made.
	(6)	If—
	(a)	the court accepts the plea; and
	(b)	any of the following subparagraphs applies to the offence:
	(i)	the offence is under a law in force in the ACT punishable either on indictment or summary conviction;
	(ii)	the offence may be dealt with summarily without the accused person’s consent;
	(iii)	the offence may be dealt with summarily if the accused person consents and the accused person consents to it being dealt with summarily;
	(iv)	the offence may be dealt with summarily if the prosecutor requests and the prosecutor requests that it be dealt with summarily; and
	(c)	it appears to the court that it is proper to deal with the case summarily;
the court may, without hearing further evidence, sentence or otherwise deal with the accused person and finally dispose of the charge and all incidental matters.
	(7)	If—
	(a)	the court accepts the plea; and
	(b)	any of the following subparagraphs applies to the offence:
	(i)	it does not appear to the court that it is proper to deal with the case summarily;
	(ii)	the offence is punishable only on indictment;
	(iii)	the offence may be dealt with summarily if the accused person consents, but the accused person does not consent to it being dealt with summarily;
	(iv)	the offence may be dealt with summarily if the prosecutor requests, but the prosecutor does not request that it be dealt with summarily;
	(v)	this subsection applies to the accused person under the Crimes Act, section 374 or section 375;
the Magistrates Court must commit the accused person to the sittings of the Supreme Court that the Supreme Court directs and the Supreme Court must deal with the accused person in accordance with subsections (8) to (13).
	(8)	A committal under subsection (7) is taken, for all purposes relating to the venue or change of venue of a proceeding consequent on the committal, to be a committal for trial.
	(9)	The Supreme Court may order that the proceeding before the Magistrates Court where the accused person pleaded guilty be continued at a time and place stated in the order.
	(10)	The Supreme Court must make an order under subsection (9) if—
	(a)	it appears to the Supreme Court from the information or evidence given to or before it that the facts in relation to which the accused person was charged before the Magistrates Court do not support the charge to which the accused person pleaded guilty; or
	(b)	the accused person or a lawyer representing the accused person or informant asks that the order be made.
	(11)	Except if an order is made under subsection (9), the Supreme Court has the same powers of sentencing or otherwise dealing with the accused person and of finally disposing of the charge and of all incidental matters as it would have had if the accused person, on arraignment at any sittings of the court, had pleaded guilty to the offence charged on an indictment filed by the Attorney-General or the Attorney-General of the Commonwealth.
	(12)	The procedure relating to committal for trial applies, as nearly as may be, to a committal under subsection (7) and bail may be granted as on a committal for trial, but a person must not be bound over to give evidence on a committal under that subsection unless the court otherwise orders.
	(13)	If an order is made by the Supreme Court under subsection (9) that the proceeding before a court where an accused person pleaded guilty be continued at a time and place stated in the order—
	(a)	the proceeding must be continued in all respects as if the accused person had not pleaded guilty and as if the proceeding had been adjourned by the court to the time and place so stated; and
	(b)	the Supreme Court may exercise any power that the Magistrates Court might have exercised under division 3.4.3 (Remand) if the order had been an order made by the Magistrates Court adjourning the proceeding to the stated time and place, and that division applies in relation to the accused person.
90B	Back-up and related offences––transfer to Supreme Court
	(1)	This section applies if a person (the accused person)––
	(a)	is committed for trial under section 90A (7); and 
	(b)	has been charged with a back-up or related offence.
Note	Back-up offence and related offence––see the dictionary.
	(2)	The prosecutor must tell the court about the back-up or related offence.
	(3)	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 (Back-up and related offences).
	(4)	Subsection (3) does not prevent the accused person being charged with an offence after committal under section 90A (7).
	(5)	However, if the accused person is charged with a back-up or related offence after committal under section 90A (7), 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.
91	Proceeding following prosecution evidence
	(1)	When all the evidence offered by the prosecution in relation to the indictable offence with which the accused person is charged has been taken, the court must charge the accused person with the offence and must say to the accused person these words, or words to the like effect:  
‘Do you wish to say anything in answer to the charge?  You are not obliged to say anything unless you desire to do so; but whatever you say may be given in evidence against you on your trial.  You are clearly to understand that you have nothing to hope from any promise or favour, and nothing to fear from any threat that may have been held out to you to induce you to make any admission or confession of your guilt; but whatever you now say may be given in evidence against you on your trial, notwithstanding any such promise or threat.’.
	(2)	Subsection (1) does not apply in relation to a person charged with an indictable offence if the court has decided to dispose of the case summarily under a law in force in the ACT.
	(3)	If the court commits the accused person for trial before the Supreme Court, any statement made by the person in reply to the question mentioned in subsection (1) is, on the trial of the accused person, admissible as evidence.
	(4)	Whether or not the accused person makes a statement in reply to the question mentioned in subsection (1), the magistrate must ask the person if the person wishes to give evidence himself or herself or to call any witnesses on his or her behalf and, if the accused person or any other person then gives evidence, the prosecutor is at liberty to cross-examine the witness and to adduce evidence in reply.
92A	Committal for sentence for indictable offence tried summarily
	(1)	On the summary conviction of a person charged with an indictable offence, the court may, if it appears to it that because of the character and antecedents of the person it is desirable that sentence be passed on the person by the Supreme Court, commit the person for sentence to the sittings of the Supreme Court that the court directs.
	(2)	If the court commits a person for sentence under subsection (1), the court must––
	(a)	deal with the person in the same way as a person who is committed for trial under section 94 (1) (b) (Discharge or committal for trial); and
	(b)	if the person has been charged with a back-up or related offence––deal with the back-up or related offence in accordance with section 94 (2).
	(3)	The Supreme Court has the same powers of sentencing or otherwise dealing with a person committed for sentence under this section as it would have had if the person had been convicted in that court.
	(4)	This section does not apply to the summary conviction of a person charged with an indictable offence if the case was dealt with summarily under the Crimes Act, section 374 (Summary disposal of certain cases at prosecutor’s election).
92B	Depositions as evidence
If—
	(a)	a person is charged with an indictable offence; and
	(b)	the person has not admitted the truth of the charge; and
	(c)	the court has decided to dispose of the case summarily under a law in force in the ACT;
the depositions of the witnesses who gave evidence for the prosecution at the preliminary hearing are taken to be evidence given on the hearing of the charge and the witnesses, or any of them, must, if so required by the prosecutor or the defendant, be called or recalled for examination or cross-examination.
93	Admissions and confessions
This Act does not prevent the prosecutor in any case from giving in evidence any admission or confession or other statement of the defendant made at any time if it is admissible as evidence against the defendant.
Division 3.5.3	Indictable offences—proceedings after hearing of evidence
94	Discharge or committal for trial
	(1)	When all the evidence for the prosecution and the defence have been taken in relation to the indictable offence with which the accused person is charged, the court must—
	(a)	if the court is satisfied, having regard to all the evidence before it, that there is no reasonable prospect that the person would be found guilty of an indictable offence—if the person is in custody in relation to the offence, immediately order that the person be released from custody in relation to the offence; or
	(b)	if the court is not satisfied as mentioned in paragraph (a)—commit the person for trial.
	(2)	If the accused person is committed for trial under subsection (1) and 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 (Back-up and related offences).
	(3)	Subsection (2) does not prevent the accused person being charged with an offence after committal under subsection (1) (b).
	(4)	However, if the accused person is charged with a back-up or related offence after committal under subsection (1) (b), 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.
Note 1	For the meaning of commit a person for trial, see the Legislation Act, dict, pt 1.
Note 2	The 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).
95	Depositions of dead or absent people
If, on the trial of a person who has previously been charged before the court with an indictable offence and committed for trial, it is proved—
	(a)	that a witness whose depositions were taken at the hearing of the charge before the magistrate is dead or so ill as not to be able to travel or to give evidence, or is absent from Australia; and
	(b)	that the depositions of the witness were taken in the presence of the accused person; and
	(c)	that the accused person or a lawyer representing the accused person had a full opportunity of cross-examining the witness; 
the depositions are admissible as evidence—
	(d)	if taken in the way specified in section 316 (3)—be read as evidence at the trial of the accused person without further proof unless it is proved that the magistrate by whom the depositions purport to have been signed did not in fact sign them; or
	(e)	if recorded by 1 of the ways specified in section 316 (2)—be read as evidence at the trial of the accused person if it is proved that the record is a correct record of the depositions and that the transcript is a correct transcript of that record.
96	Evidence for defence
If a person is charged with an indictable offence as such, the court is bound to hear any evidence tendered on the person’s behalf tending to show that the defendant is not guilty of the offence with which the defendant is charged.
Division 3.5.4	Indictable offences—costs
97	Discontinued proceeding
If—
	(a)	in a proceeding under this part, the court is of the opinion, having regard to all the evidence before it, that there is no reasonable prospect that the person would be convicted of an indictable offence; or
	(b)	a proceeding under this part is discontinued for any other reason; 
the court may order that the informant pay to the defendant the costs the court considers just.
Division 3.5.5	Indictable offences—witness recognisances
103	Recognisance of witnesses etc
	(1)	The court may bind by recognisance every person whose written statement was admitted in evidence under section 90AA, or who was examined before it, to appear at the court at which the defendant is to be tried, and then and there to give evidence against the defendant.
	(2)	The recognisance must particularly specify the profession, trade, or calling of every person who enters into it, together with the person’s full name and place of residence.
104	Signature of magistrate—notice to witnesses
Every such recognisance must be duly acknowledged by every person who enters into it, and must be subscribed by the magistrate before whom it is acknowledged, and a notice of it signed by the magistrate must at the same time be given to every person bound by it.
105	Court may remand noncompliant witness
	(1)	If a witness fails to enter into a recognisance, the court may order the remand of the witness in custody until after the defendant’s trial, unless the witness enters into the recognisance before a magistrate.
Note	The Crimes (Sentence Administration) Act 2005, pt 3.2 provides for the director‑general to have custody of the defendant during the remand.
	(2)	If the witness is remanded under this section, a magistrate may order the director‑general to release the witness from custody in accordance with the order if—
	(a)	the defendant is not committed for trial for the offence with which the defendant is charged; or
	(b)	the relevant officer declines to file an information against the defendant for the offence; or
	(c)	the witness enters into the recognisance before a magistrate.
Division 3.5.6	Indictable offences—other provisions
105A	Meaning of certified copy of depositions in div 3.5.6
In this division:
certified copy, of depositions, means—
	(a)	if a record of the deposition was made in accordance with section 316 (2)—a transcript of the record certified in accordance with section 314 (2); or
	(b)	if the depositions were taken down in writing and signed in accordance with section 316 (3)—the depositions as taken down and signed.
106	Giving depositions etc to director of public prosecutions
	(1)	If a defendant is committed for trial or for sentence, the court must as soon as possible after the conclusion of the case before it, give to the director of public prosecutions or a person authorised by the director of public prosecutions all informations, examinations, depositions, statements, bail undertakings and other documents sworn taken or acknowledged in the case.
	(2)	In this section:
depositions means a certified copy of depositions.
statement includes a certified copy of the statement (if any) made by a defendant in reply to the question mentioned in section 91 (1).
107	Giving documents to proper officer of court
	(1)	After being given the documents and before the day of trial, the director of public prosecutions or a person authorised by the director of public prosecutions has and is subject to the same duties and liabilities in relation to the documents on a certiorari order directed to him or her as the court would have had and been subject to on a certiorari order to it if the documents had not been given.
	(2)	The director of public prosecutions, a person authorised by the director of public prosecutions, the person representing the director of public prosecutions or the person representing the informant, must, at any time after the opening of the Supreme Court at the sitting at which the trial is to be had, give the documents or any of them to the proper officer of the Supreme Court, if the presiding judge so directs. 
108	Accused person may obtain copies of depositions etc
	(1)	This section applies if—
	(a)	a person is charged with an indictable offence; and
	(b)	the Magistrates Court commits the person for trial before the Supreme Court.
	(2)	At any time before the person’s trial before the Supreme Court starts, the person may apply to the registrar—
	(a)	for certified copies of depositions in the case; and
	(b)	for the evidence given on the cross-examination or the examination of any witnesses in the case.
	(3)	The registrar must give the person the certified copies of depositions and the evidence applied for under subsection (2).
	(4)	If the person is in custody, the person having the custody of the person must give any application under subsection (2) to the registrar.

Part 3.6	Proceedings for offences punishable summarily
    
108A	Indictable offences dealt with summarily
If—
	(a)	a person is charged with an indictable offence; and
	(b)	the court has decided to dispose of the case summarily under a law in force in the ACT;
this part applies, so far as it is applicable, to the summary disposal of the case.
109	Dismissal or adjournment in absence of informant
	(1)	If—
	(a)	the defendant appears (whether voluntarily, in accordance with a summons or under a warrant) at the time and place for the hearing of an information in relation to an offence punishable summarily; and
	(b)	the informant, having been notified of the time and place for the hearing, does not appear either personally or by a lawyer appearing for the informant;
the court must, subject to subsection (2), dismiss the information.
	(2)	The court may, if it considers it is appropriate to do so, adjourn to another day the hearing of an information that would otherwise be dismissed under subsection (1).
110	Hearing in absence of defendant
	(1)	If a summons has been served in accordance with section 41 and the defendant does not appear when called, the court may either—
	(a)	proceed to hear and decide the case in the absence of the defendant; or
	(b)	on oath being made before it, substantiating the matter of the information to its satisfaction, issue a warrant for the arrest of the defendant and to bring the defendant before the court to answer to the information and be further dealt with according to law. 
	(2)	If the court proceeds under subsection (1) (a)—
	(a)	the evidence of the informant or another person may be given orally; or
	(b)	a written statement made by the informant or another person may be admitted as evidence of the matters contained in it.
	(3)	A written statement admitted in evidence constitutes the depositions of the person who made the statement.
	(4)	A written statement must not be admitted in evidence unless it is sworn before—
	(a)	a lawyer; or
	(b)	a justice of the peace; or
	(c)	the registrar; or
	(d)	a person prescribed by regulation or rule.
	(5)	If the court admits a written statement in evidence it may, on its own initiative, adjourn the hearing of the information and require the person who made the statement to attend before the court to give evidence.
	(6)	Although a part of a written statement tendered in evidence under this section is inadmissible according to the rules of evidence, the statement is nevertheless admissible under this section as evidence of the matters contained in the remainder of that statement, but, if the court admits such a statement, the court must identify the part that is inadmissible and must, with reference to that part, write on the statement ‘ruled inadmissible’ or words to that effect.
	(7)	The court must not sentence a defendant to imprisonment for an offence if the court has heard and decided the case under subsection (1) (a) in the absence of the defendant.
	(8)	The court must set aside an order made in hearing and deciding a case under subsection (1) (a) if—
	(a)	the defendant applies under the rules to have the order set aside; and
	(b)	the court is satisfied on reasonable grounds that the defendant—
	(i)	did not know the hearing date; or
	(ii)	did not understand that the court could proceed to hear and decide the case in the defendant’s absence if the defendant failed to appear; or
	(iii)	otherwise had a reasonable excuse for failing to appear.
111	Adjournment if defendant does not appear
	(1)	This section applies if—
	(a)	the defendant does not appear before the court for the hearing of the information; and 
	(b)	the court has issued a warrant for the defendant’s arrest.
	(2)	The court must adjourn the hearing until the defendant is arrested.
	(3)	If the defendant is arrested under the warrant, the defendant must be detained in custody until the defendant can be brought before the court at a time and place fixed by the court.
	(4)	The court must give the informant notice of the time and place fixed.
112	Summary proceedings—issue of warrant for non-appearance at adjourned or postponed hearing
	(1)	This section applies if—
	(a)	a defendant appears before the court for the hearing of an information for an offence; and
	(b)	the information is substantiated by the oath of the informant or a witness; and
	(c)	the court adjourns or postpones the hearing or further hearing; and
	(d)	the defendant is told of the time and place of the adjourned or postponed hearing or further hearing; and
	(e)	the defendant does not appear before the court at the adjourned or postponed hearing or further hearing.
	(2)	The court may issue a warrant for the arrest of the defendant and to bring the defendant before the court at the adjourned or postponed hearing or further hearing.
112A	Court may direct defendant to appear
	(1)	This section applies if—
	(a)	a summons is served on a defendant in relation to an information for an offence; and
	(b)	in accordance with the summons—the defendant appears before the court represented by a lawyer; and
	(c)	the defendant does not appear personally for the hearing; and
	(d)	the information is substantiated by the oath of the informant or a witness.
	(2)	The court may at any time during the hearing—
	(a)	adjourn the hearing; and
	(b)	direct the defendant by written notice to attend personally before the court for any matter related to the hearing, at the time and place specified by the court.
	(3)	A notice under subsection (2) must be served in the same way as the service of a summons under section 41.
	(4)	If the defendant does not appear before the court in accordance with a notice under subsection (2), the court may issue a warrant for the arrest of the defendant and to bring the defendant before the court.
113	Proceeding at hearing on defendant’s confession
If the defendant is present at the hearing, the substance of the information must be stated to the defendant, and the defendant must be asked if the defendant has any cause to show why the defendant should not be convicted or why an order should not be made against the defendant, and if the defendant has no cause to show, the court may convict the defendant, or make an order against the defendant accordingly. 
114	If defendant does not admit the case
	(1)	This section applies if the defendant does not admit the truth of the information.
	(2)	The court must hear—
	(a)	the informant and the informant’s witnesses (if any); and
	(b)	if the defendant wants to give evidence—the defendant; and
	(c)	the defendant’s witnesses (if any); and
	(d)	if the defendant has given evidence other than about the defendant’s general character—the informant’s witnesses in reply (if any).
	(3)	Having heard each party and the evidence, the court must decide the information and do 1 of the following as justice requires:
	(a)	convict the defendant;
	(b)	make an order on the defendant;
	(c)	dismiss the information.
115	Conduct of summary proceeding
	(1)	The defendant or a lawyer representing the defendant may address the court after all the evidence for the informant and the evidence (if any) for the defendant and for the informant in reply has been given.
	(2)	The informant or a lawyer representing the informant may make a closing address.

Part 3.7	Service and pleading by post for certain offences
116A	Definitions for pt 3.7
	(1)	In this part:
defendant means a person who has been properly served with a summons in accordance with section 116B.
law in force in the ACT includes a statute of the Australian National University about parking or traffic.
	(2)	For this part (other than section 116B (2)), a notice to defendant form, notice of intention to defend form and plea of guilty form includes a copy of the form printed on the back of a copy of a summons.
116AA	Meaning of prescribed offence for pt 3.7
	(1)	For this part, an offence against a law in force in the ACT is a prescribed offence in relation to a person if—
	(a)	for an offence against the road transport legislation—the maximum fine that can be imposed on the person for the offence is 30 penalty units; or
	(b)	for an offence against the Heavy Vehicle National Law (ACT)—the maximum fine that can be imposed on the person for the offence is $3 000 or another amount prescribed by regulation; or
	(c)	for any other offence—the maximum fine that can be imposed on the person for the offence is 10 penalty units.
	(2)	In this section:
road transport legislation means the following:
	(a)	the Road Transport (Driver Licensing) Act 1999;
	(b)	the Road Transport (General) Act 1999;
	(c)	the Road Transport (Public Passenger Services) Act 2001;
	(d)	the Road Transport (Safety and Traffic Management) Act 1999;
	(e)	the Road Transport (Vehicle Registration) Act 1999;
	(f)	any other Act or any regulation prescribed by regulation.
Note 	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
116B	Service of summons for prescribed offence
	(1)	A summons for a person in relation to a prescribed offence may be served on the person—
	(a)	by giving 2 copies of the summons to the person; or
	(b)	by sending 2 copies of the summons by prepaid post, addressed to the person, at the person’s last-known home or business address; or
	(c)	by leaving 2 copies of the summons at the person’s last-known home or business address with someone who appears to be at least 16 years old and to live or be employed at the address.
	(2)	One copy of a summons in relation to a prescribed offence served in accordance with this section must have the notice to defendant form printed on the back of it, and the other copy of that summons so served must have the notice of intention to defend form and the plea of guilty form printed on the back of it.
	(3)	Service of a summons on a person in relation to a prescribed offence in a way mentioned in subsection (1) (a) or (c) must be made not less than 14 days before the day the person is required by the summons to appear before the court.
	(4)	If a summons in relation to a prescribed offence is served in accordance with this section in the way mentioned in subsection (1) (b), the 2 copies of the summons must be sent by post not less than 21 days before the day when the person to whom it is directed is required by the summons to appear before the court.
Note	If a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.
116BA	Giving of notice by registrar
If the registrar is required to give notice to a person under this part, the notice may be given by sending the notice by prepaid post, addressed to the person, at the person’s last-known home or business address.
116C	Proof of service
	(1)	Service of a summons or notice for this part may be proved by the oath of the person who served it, by affidavit or otherwise.
	(2)	For this part, if—
	(a)	a summons has been served in accordance with section 116B; and
	(b)	a copy of the summons is returned to the registrar with the notice of intention to defend form or the plea of guilty form completed; 
the defendant is taken, unless the contrary is proved, to have completed and signed the form so completed and to have returned the form to the registrar.
	(3)	The plea of guilty form must be signed in the presence of 1 of the following people:
	(a)	the registrar;
	(b)	a lawyer;
	(c)	a justice of the peace;
	(d)	a person prescribed by regulation or rule.
116D	Pleas to prescribed offence
A defendant may—
	(a)	without prejudice to any other means of pleading guilty, enter a plea of guilty by completing the plea of guilty form and returning the form, whether by post or otherwise, to the registrar; or
	(b)	give notice of his or her intention to defend by completing the notice of intention to defend form and returning the form, whether by post or otherwise, to the registrar.
116E	Procedure if plea of guilty entered
	(1)	If—
	(a)	a defendant enters a plea of guilty in accordance with section 116D; and
	(b)	the defendant—
	(i)	does not appear at the hearing; or
	(ii)	appears but does not withdraw his or her plea of guilty; and
	(c)	the court accepts the plea of guilty; 
the court must record a plea of guilty and decide the proceeding accordingly.
	(2)	The court, in deciding a proceeding under subsection (1), must have regard to any matter drawn to its attention in the plea of guilty and give the matter the weight it considers appropriate.
	(3)	If the court declines to accept a plea of guilty entered in accordance with section 116D—
	(a)	the court must adjourn the hearing and fix a time and place for the hearing of the proceeding; and
	(b)	if the defendant is not before the court—the registrar must give to the defendant notice of the time and place fixed.
	(4)	If a defendant does not appear at the time and place fixed under subsection (3), the court may hear and decide the proceeding in the absence of the defendant.
116F	Procedure if notice of intention to defend given
If a defendant returns the notice of intention to defend form to the registrar before the day when the defendant is required by the summons to appear before the court—
	(a)	the court must fix a time and place for the hearing of the proceeding; and
	(b)	the registrar must give to the defendant notice of the time and place fixed.
116FA	Procedure if defendant pleads not guilty
If the defendant appears before the court at the time and place at which the defendant is required by the summons to appear and pleads not guilty, the court must adjourn the hearing, fix a time and place for the hearing of the proceeding and inform the defendant of the time and place fixed.
116G	Procedure if defendant does not plead
If—
	(a)	a summons has been served in accordance with section 116B; and
	(b)	either—
	(i)	the defendant does not enter a plea of guilty in accordance with section 116D or return the notice of intention to defend form to the registrar before the day when the defendant is required by the summons to appear before the court, and does not appear before the court at the time and place specified in the summons; or
	(ii)	the defendant does not appear before the court at the time and place specified in the notice given to the defendant in accordance with section 116F or fixed by the court in accordance with section 116FA; and
	(c)	the court is satisfied—
	(i)	that the matters alleged in the summons are reasonably sufficient to inform the defendant of the offence alleged against the defendant; and
	(ii)	that the matters alleged in the summons constitute the offence charged in the summons; 
the court may convict the defendant of the offence charged in the summons.
116H	Restricted penalties under pt 3.7
	(1)	Subject to subsection (3), if—
	(a)	a defendant is convicted under this part of an offence against a law mentioned in a paragraph of section 116AA (1); and
	(b)	at the time that the defendant is sentenced, the defendant is not before the court or is not represented before the court by a lawyer;
the only penalty that the court may impose is a fine of an amount not exceeding the amount mentioned in that paragraph.
	(2)	If—
	(a)	the court convicts a defendant of an offence against a law mentioned in a paragraph of section 116AA (1); and
	(b)	the law provides in effect that a penalty other than a fine may be imposed on the defendant; and
	(c)	when the defendant is sentenced, the defendant is not before the court or is not represented before the court by a lawyer; and
	(d)	the court considers that a penalty other than a fine may be appropriate;
the court must adjourn the hearing and fix a time and place for sentence.
	(3)	The registrar must give the defendant notice of the time and place fixed.
	(4)	If a defendant convicted of an offence against a law mentioned in a paragraph of section 116AA (1) does not appear at the time and place fixed under subsection (2), the court, in the absence of the defendant, may impose on the defendant any penalty that is applicable under that law.
116I	Consequences of conviction in absence of defendant
If a defendant is, in his or her absence, convicted of an offence, the registrar must give to the defendant written notice of—
	(a)	the conviction and order of the court; and
	(b)	the penalty (if any) imposed by the court, and the way in which and the time by which the penalty is required to be discharged; and
	(c)	unless the proceeding is decided in accordance with section 116E (1), the defendant’s right to apply for the setting aside of the conviction or order in accordance with the rules.
Note	If the defendant is liable to pay a fine, the notice must contain a penalty notice for the fine (see Crimes (Sentence Administration) Act 2005, s 116C (Registrar to send penalty notice)).

Part 3.8	Infringement notices for certain offences
Division 3.8.1	Preliminary
117	Definitions for pt 3.8
In this part:
administering authority, for an infringement notice offence, means the entity that, under the regulations, is the administering authority for the offence.
another jurisdiction means a jurisdiction other than the ACT.
authorised person—see section 134A (3).
date of service, of an infringement notice or reminder notice that has been, or is to be, served on a person, means the date the notice is served on the person.
driver, of a vehicle, means the person who is driving the vehicle.
illegal user declaration—see section 131D.
infringement notice means a notice under section 120 (Service of infringement notices).
infringement notice offence means an offence declared under the regulations to be an offence to which this part applies.
infringement notice penalty, for a person for an infringement notice offence, means—
	(a)	the amount prescribed by regulation as the penalty payable by the person for the offence under an infringement notice for the offence; or
	(b)	if a reminder notice has also been served on the person for the offence—the total of the amount mentioned in paragraph (a) and the amount prescribed by regulation as the amount payable by the person for the cost of serving the reminder notice.
known offender declaration—see section 131E.
registered, for a vehicle, means registered under the Road Transport (Vehicle Registration) Act 1999.
reminder notice means a notice under section 129 (Reminder notices).
responsible person, for a vehicle—see the Road Transport (General) Act 1999, section 10 and section 11.
sold vehicle declaration—see section 131F.
unknown offender declaration—see section 131G.
vehicle—see the Road Transport (Vehicle Registration) Act 1999, dictionary.
vehicle-related offence means an infringement notice offence that—
	(a)	involves a vehicle; and
	(b)	is declared by regulation to be an offence to which division 3.8.3 applies.
118	Purpose and effect of pt 3.8
	(1)	The purpose of this part is to create a system of infringement notices for certain offences as an alternative to prosecution.
	(2)	This part does not—
	(a)	require an infringement or reminder notice to be served on a person; or
	(b)	affect the liability of a person to be prosecuted for an offence if—
	(i)	an infringement or reminder notice is not served on the person for the offence; or
	(ii)	the person does not comply with an infringement or reminder notice served on the person for the offence; or
	(iii)	an infringement notice served on the person for the offence is withdrawn; or
	(c)	prevent the service of 2 or more infringement notices on a person for an offence; or
	(d)	limit or otherwise affect the penalty that may be imposed by a court on a person for an offence.
119	Regulations about infringement notice offences 
	(1)	A regulation may prescribe an offence for the definition of infringement notice offence in section 117 by—
	(a)	stating the offence; or
	(b)	referring to the provision creating the offence; or
	(c)	providing that all offences, or all offences except for stated offences, against an Act or subordinate law are infringement notice offences.
	(2)	Subsection (1) does not limit the way that a regulation may prescribe an offence for that definition.
	(3)	A regulation may, for the definition of infringement notice penalty in section 117, prescribe—
	(a)	an amount as the penalty payable by anyone for an offence if it is dealt with under this part; or
	(b)	different amounts as the penalties payable for different offences if they are dealt with under this part; or
	(c)	different amounts as the penalties payable for the same kind of offence committed by different people or in different circumstances if the offence is dealt with under this part.
	(4)	However, an infringement notice penalty prescribed for a person for an offence must not exceed the maximum fine that could be imposed by a court on the person for the offence.
	(5)	Subsection (3) does not limit the way that a regulation may prescribe an amount for that definition.
Division 3.8.2	Infringement and reminder notices
120	Service of infringement notices
	(1)	If an authorised person believes, on reasonable grounds, that a person has committed an infringement notice offence, the authorised person may serve a notice (an infringement notice) on the person for the offence.
	(2)	A regulation may make provision in relation to when an authorised person is, or is not, taken to have reasonable grounds for a belief mentioned in subsection (1).
	(3)	To remove any doubt, an authorised person may not serve an infringement notice on a person under this section for an offence after the end of the time within which a prosecution may be brought for the offence.
	(4)	This section does not prevent an infringement notice for a vehicle-related offence being served on a person under section 131B (Service of infringement notice on responsible person for vehicle).
121	Contents of infringement notices
	(1)	An infringement notice served on a person by an authorised person for an infringement notice offence must—
	(a)	be identified by a unique number; and
	(b)	state the date of service of the notice; and
	(c)	state—
	(i)	the full name, or surname and initials, and address of the person on whom the notice is served; or
	(ii)	the particulars that are, under the regulations, identifying particulars for the person; and
	(d)	give brief details of the offence, including the Act or subordinate law, and the provision of it, contravened by the person, and—
	(i)	if the offence took place over a period—the period, or approximate period, when the offence was committed; or
	(ii)	in any other case—the place where the offence was committed and the date and approximate time of the offence; and
	(e)	state the infringement notice penalty payable by the person for the offence; and
	(f)	contain the information required by section 122 (Additional information in infringement notices); and
	(g)	identify the authorised person in accordance with the regulations; and
	(h)	include any other information required by regulation and any additional information that the administering authority considers appropriate.
	(2)	A regulation may provide that subsection (1) (c) does not apply to an infringement notice.
122	Additional information in infringement notices 
	(1)	The infringement notice must also tell the person on whom it is served that—
	(a)	the person may pay the infringement notice penalty for the offence or dispute liability for the offence within 28 days after the day when the notice is served on the person (the date of service of the notice); and
	(b)	the person may apply to the administering authority for additional time in which to pay the penalty or dispute liability for the offence; and
	(c)	the notice may be withdrawn before or after the penalty is paid; and
	(d)	if the person pays the penalty within the 28 days (or any additional time allowed by the administering authority), then, unless the infringement notice is withdrawn and any penalty refunded—
	(i)	any liability of the person for the offence is discharged; and
	(ii)	the person will not be prosecuted in court for the offence; and
	(iii)	the person will not be taken to have been convicted of the offence; and
	(e)	if the person wishes to dispute liability for the offence, the issue may be referred to the Magistrates Court; and
	(f)	if the Magistrates Court finds against the person or the person is prosecuted in court for the offence, the person may be convicted of the offence and ordered to pay a penalty and costs, and be subject to other court orders; and
	(g)	if the person does not pay the infringement notice penalty, or disputes liability for the offence, within the 28 days (or any additional time allowed by the administering authority), a reminder notice may be served on the person for the offence or the person may be prosecuted in court for the offence; and
	(h)	if a reminder notice is served on the person, the infringement notice penalty is increased by the amount payable by the person for the cost of serving the reminder notice.
	(2)	In addition, the infringement notice must—
	(a)	explain how the person may pay the infringement notice penalty or dispute liability for the offence; and
	(b)	explain how the person may apply for additional time to pay the infringement notice penalty or dispute liability for the offence.
123	Time for payment of infringement notice penalty
The infringement notice penalty payable by a person under an infringement notice or reminder notice is payable—
	(a)	within 28 days after the date of service of the notice; or
	(b)	if the person applies to the administering authority within the 28 days for additional time to pay and the additional time is allowed—within the additional time allowed by the administering authority; or
	(c)	if the person applies to the administering authority within the 28 days for additional time to pay and the application is refused—within 7 days after the day the person is told of the refusal or 28 days after the date of service of the notice, whichever is later.
124	Extension of time to pay penalty
	(1)	The person on whom an infringement notice or reminder notice is served may apply, in writing, to the administering authority, within 28 days after the date of service of the notice, for a stated additional time (of not longer than 6 months) in which to pay the infringement notice penalty.
	(2)	The administering authority must—
	(a)	allow or refuse to allow the additional time; and
	(b)	tell the person in writing of the decision and, if the decision is a refusal, the reasons for it.
125	Effect of payment of infringement notice penalty
	(1)	This section applies if—
	(a)	an infringement notice has been served on a person for an infringement notice offence; and
	(b)	the person pays the infringement notice penalty for the offence in accordance with this part; and
	(c)	when the payment is made, the infringement notice had not been withdrawn and an information had not been laid in the Magistrates Court against the person for the offence.
Note	Section 127 (Withdrawal of infringement notice) provides for the withdrawal at any time of an infringement notice that has been served on a person.  If s 125 applied to the infringement notice offence, it ceases to apply, and is taken never to have applied, on the withdrawal of the notice (see s 127 (4)).
	(2)	If this section applies—
	(a)	any liability of the person for the offence is discharged; and
	(b)	the person must not be prosecuted in a court for the offence; and
	(c)	the person is not taken to have been convicted of the offence.
	(3)	If 2 or more infringement notices were served on the person for the offence, then, unless all the infringement notices have been withdrawn, subsection (2) applies to the person in relation to the offence if the person pays, in accordance with this part, the infringement notice penalty in relation to any of the notices (together with any costs and disbursements payable under this part in relation to the notice).
126	Application for withdrawal of infringement notice
	(1)	The person on whom an infringement notice for an infringement notice offence is served may apply to the administering authority, in writing, for the withdrawal of the notice within 28 days after the day when the infringement notice, or a reminder notice for the offence, is served on the person (or any additional time allowed by the administering authority).
	(2)	The administering authority must—
	(a)	withdraw the notice or refuse to withdraw the notice; and
	(b)	tell the person in writing of the decision and, if the decision is a refusal, the reasons for it.
127	Withdrawal of infringement notice
	(1)	This section applies to an infringement notice that has been served on a person for an infringement notice offence.
	(2)	The administering authority may, by notice served on the person, withdraw the infringement notice, whether or not—
	(a)	the person has made an application for the withdrawal of the infringement notice; or
	(b)	the infringement notice penalty (or part of it) has been paid for the offence; or
	(c)	the person has disputed liability for the infringement notice offence.
	(3)	The notice must—
	(a)	include the number of the infringement notice and the date of service of the infringement notice; and
	(b)	tell the person that the infringement notice is withdrawn and, in general terms, about subsection (4).
	(4)	On service of the notice—
	(a)	this part ceases to apply to the infringement notice; and
	(b)	if the infringement notice penalty (or part of it) has been paid—the amount paid must be repaid by the administering authority; and
	(c)	if section 125 (Effect of payment of infringement notice penalty) applies to the offence—the section ceases to apply, and is taken never to have applied, to the offence; and
	(d)	a proceeding for the offence may be taken in a court against anyone (including the person) as if the infringement notice had not been served on the person.
128	Guidelines about withdrawal of infringement notices
	(1)	The Minister may issue guidelines about the exercise of an administering authority’s functions under section 126 (Application for withdrawal of infringement notice), section 127 (Withdrawal of infringement notice) or section 133 (Extension of time to dispute liability).
	(2)	The administering authority for an infringement notice offence must comply with any guidelines applying to the offence.
	(3)	A guideline is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
129	Reminder notices
An authorised person may serve a notice (a reminder notice) on a person if—
	(a)	an infringement notice has been served on the person for an infringement notice offence; and
	(b)	the infringement notice has not been withdrawn; and
	(c)	the infringement notice penalty has not been paid to the administering authority within the time for payment under this part; and
	(d)	written notice disputing liability has not been given to the administering authority in accordance with this part; and
	(e)	a reminder notice has not previously been served on the person for the offence.
130	Contents of reminder notices 
A reminder notice served on a person by an authorised person for an infringement notice offence must—
	(a)	be identified by a unique number; and
	(b)	include the following information:
	(i)	the Act or subordinate law, and the provision of it, contravened by the person;
	(ii)	the number of the infringement notice served on the person for the offence;
	(iii)	the date of service of the infringement notice; and
	(c)	state the date of service of the reminder notice; and
	(d)	state the infringement notice penalty that is now payable by the person for the offence; and
	(e)	contain the information required by section 131 (Additional information in reminder notices); and
	(f)	identify the authorised person in accordance with the regulations; and
	(g)	include any other information required by regulation and any additional information that the administering authority considers appropriate.
131	Additional information in reminder notices
	(1)	The reminder notice must also tell the person on whom it is served that—
	(a)	the infringement notice penalty for the offence has not been paid; and
	(b)	the infringement notice has not been withdrawn; and
	(c)	written notice disputing liability has not been received by the administering authority from the person for the offence; and
	(d)	the infringement notice penalty for the offence has been increased by the amount payable by the person for the cost of serving the reminder notice; and
	(e)	the person may pay the infringement notice penalty that is now payable by the person for the offence or dispute liability for the offence within 28 days after the day when the reminder notice is served on the person (the date of service of the notice); and
	(f)	the person may apply to the administering authority for additional time in which to pay the penalty or dispute liability for the offence; and
	(g)	the infringement notice may be withdrawn before or after the penalty is paid; and 
	(h)	if the person pays the penalty within the 28 days (or any additional time allowed by the administering authority), then, unless the infringement notice is withdrawn and any penalty refunded—
	(i)	any liability of the person for the offence is discharged; and
	(ii)	the person will not be prosecuted in court for the offence; and
	(iii)	the person will not be taken to have been convicted of the offence; and
	(i)	if the person wishes to dispute liability for the offence, the issue may be referred to the Magistrates Court; and
	(j)	if the Magistrates Court finds against the person or the person is prosecuted in court for the offence, the person may be convicted of the offence and ordered to pay a penalty and costs, and be subject to other court orders; and
	(k)	if the person does not pay the infringement notice penalty, or dispute liability for the offence, within the 28 days (or any additional time allowed by the administering authority), the person may be prosecuted in court for the offence.
	(2)	In addition, the reminder notice must—
	(a)	explain how the person may pay the infringement notice penalty or dispute liability for the offence; and
	(b)	explain how the person may apply for additional time to pay the infringement notice penalty or dispute liability for the offence.
Division 3.8.3	Additional provisions for vehicle-related offences
131A	Meaning of infringement notice
In this division:
infringement notice means an infringement notice for a vehicle‑related offence.
131B	Service of infringement notice on responsible person for vehicles
	(1)	This section applies if an authorised person believes, on reasonable grounds, that a vehicle-related offence has been committed.
	(2)	The authorised person may serve an infringement notice for the offence on—
	(a)	the responsible person for the vehicle at the time of the offence; or
	(b)	if there is more than 1 responsible person for the vehicle at that time—each or any of them.
Note 1	For how documents may be served, see the Legislation Act, pt 19.5
Note 2	Subsections (3) and (4) provide additional ways for serving infringement notices (see Legislation Act, s 251 (1)).
	(3)	If the infringement notice is to be served on a person under this section by post and the vehicle is registered under a law of another jurisdiction corresponding to the Road Transport (Vehicle Registration) Act 1999, the notice may be served by sending it by prepaid post, addressed to the person, to the latest address of the person in the registration records kept under that law.
	(4)	An infringement notice for a vehicle-related offence may be served by securely placing or attaching the notice, addressed to the responsible person (without further description), on or to the vehicle in a conspicuous position. 
	(5)	If an infringement notice is served in the way mentioned in subsection (4), it is taken to have been served, on the day that it is placed on or attached to the vehicle, on—
	(a)	the responsible person for the vehicle; or
	(b)	if there is more than 1 responsible person for the vehicle at that time—each of them.
	(6)	A person must not remove, deface or interfere with an infringement notice placed on, or attached to, a vehicle unless the person is the driver of the vehicle or the responsible person (or a responsible person) for the vehicle.
Maximum penalty:  20 penalty units.
	(7)	A regulation may provide that an infringement notice for a vehicle-related offence may only be served on a person under this section within the prescribed period after the day the offence was committed.
	(8)	To remove any doubt, an authorised person may not serve an infringement notice on a person under this section for an offence after—
	(a)	if a regulation under subsection (7) prescribes a period for the offence—the end of the prescribed period; or
	(b)	in any other case—the end of the time within which a prosecution may be brought against the person for the offence.
	(9)	This section does not prevent an infringement notice for a vehicle-related offence being served on a person under section 120 (Service of infringement notices).
131C	Liability for vehicle-related offences 
	(1)	If an infringement notice for a vehicle-related offence is served on a person under section 131B, the person is liable for the offence, and may be convicted of and punished for the offence, even though the person who actually committed the offence (the actual offender) may have been someone else.
	(2)	If the actual offender is not the responsible person (or a responsible person) for the vehicle at the time of the offence, subsection (1) does not affect the liability of the actual offender, but—
	(a)	an additional penalty for the offence may not be recovered from or imposed on the actual offender if an infringement notice penalty for the offence has been paid by, or a penalty has been imposed on, the responsible person (or a responsible person) for the vehicle at that time; and
	(b)	an additional penalty for the offence may not be recovered from or imposed on the responsible person (or a responsible person) for the vehicle at that time if an infringement notice penalty for the offence has been paid by, or a penalty has been imposed on, the actual offender.
	(3)	However, in a prosecution against a responsible person for a vehicle-related offence, it is a defence if the responsible person establishes—
	(a)	that the vehicle was stolen, or illegally taken or used, at the time of the offence; or
	(b)	that the person made and gave to the administering authority a known offender declaration in accordance with section 131E (Known offender declaration) for the offence; or
	(c)	that the vehicle (or all of the person’s interest in the vehicle) had been sold or disposed of by the person before the time of the offence, and that at that time the person did not have an interest in the vehicle; or
	(d)	that the person—
	(i)	was not the driver of the vehicle at the time of the offence; and
	(ii)	does not know, and could not with reasonable diligence have found out, the name and address of the driver of the vehicle at that time.
131D	Illegal user declarations
	(1)	This section applies if—
	(a)	an infringement notice for a vehicle-related offence is served on a person under section 131B (Service of infringement notice on responsible person for vehicles); and
	(b)	the person makes a declaration (an illegal user declaration) stating that the vehicle was stolen, or illegally taken or used, at the time of the offence and providing all relevant facts supporting that statement, including details of where and when the matter was reported to the police; and
	(c)	the person gives the illegal user declaration to the administering authority within 28 days after the day when the infringement notice, or a reminder notice for the offence, is served on the person (or any additional time allowed by the administering authority).
	(2)	An infringement notice for the offence may be served under section 120 (Service of infringement notices) on the person (if any) stated in the illegal user declaration as the person (the named offender) who was illegally in charge of the vehicle at the time of the offence.
	(3)	If a document (including an infringement notice or reminder notice) is to be served on the named offender under this part by post in relation to the offence, the document may be addressed to the named offender at his or her home or business address stated in the illegal user declaration.
	(4)	Section 131C (Liability for vehicle-related offences) and section 131E (Known offender declarations) apply as if the named offender were the responsible person for the vehicle at the time of the offence and the infringement notice had been served on the named offender under section 131B.
	(5)	However, a proceeding for the offence may be brought in a court against the named offender only if a copy of the illegal user declaration has been served on the named offender by an authorised person.
	(6)	In a proceeding against the named offender for the offence, the illegal user declaration is evidence that the named offender was the driver of the vehicle at the time of the offence.
131E	Known offender declarations
	(1)	This section applies if—
	(a)	an infringement notice for a vehicle-related offence is served on a person under section 131B (Service of infringement notice on responsible person for vehicles); and
	(b)	the person makes a declaration (a known offender declaration) stating—
	(i)	if the person is an individual—
	(A)	that the person was not the driver of the vehicle at the time of the offence and did not commit the offence; and
	(B)	the name and home or business address of the person (the named offender) who was the driver of the vehicle at that time; and
	(C)	all relevant facts supporting those statements; or
	(ii)	if the person is a corporation—the name and home or business address of the person (also the named offender) who was the driver of the vehicle at the time of the offence and all relevant facts supporting that statement; or
	(iii)	for a vehicle-related offence under an Act declared  by regulation to be an Act to which this subparagraph applies—the person saw another named person (also the named offender) do the act the subject of the offence and stating—
	(A)	the address of the named offender; and
	(B)	if the person does not know the other person’s address—the reasons why the person does not know the address; and
	(c)	the person gives the known offender declaration to the administering authority within 28 days after the day when the infringement notice, or a reminder notice for the offence, is served on the person (or any additional time allowed by the administering authority).
	(2)	An infringement notice for the offence may be served under section 120 (Service of infringement notices) on the named offender.
	(3)	If a document (including an infringement notice or reminder notice) is to be served on the named offender under this part by post in relation to the offence, the document may be addressed to the named offender at his or her home or business address stated in the known offender declaration.
	(4)	Section 131C (Liability for vehicle-related offences), this section and section 131F apply as if the named offender were the responsible person for the vehicle at the time of the offence and the infringement notice had been served on the named offender under section 131B.
	(5)	However, a proceeding for the offence may be brought in a court against the named offender only if a copy of the known offender declaration has been served on the named offender by an authorised person.
	(6)	In a proceeding against the named offender for the offence, the known offender declaration is evidence that the named offender was the offender at the time of the offence.
131F	Sold vehicle declarations
	(1)	This section applies if—
	(a)	an infringement notice for a vehicle-related offence is served on a person under section 131B (Service of infringement notice on responsible person for vehicles); and
	(b)	the person makes a declaration (a sold vehicle declaration) stating that the vehicle (or all of the person’s interest in the vehicle) had been sold or otherwise disposed of by the person before the time of the offence and providing all relevant facts supporting that statement, including—
	(i)	the name and home or business address of the person (the buyer) to whom the vehicle (or the person’s interest in the vehicle) was sold or disposed of by the person; and
	(ii)	the date and, if relevant to the offence, time of the sale or disposal; and
	(iii)	if an agent made the sale or disposal for the person—the name and home or business address of the agent; and
	(iv)	whether the person had any interest in the vehicle at the time of the offence; and
	(c)	the person gives the sold vehicle declaration to the administering authority within 28 days after the day when the infringement notice, or a reminder notice for the offence, is served on the person (or any additional time allowed by the administering authority).
	(2)	An infringement notice for the offence may be served under section 120 (Service of infringement notices) on the buyer.
	(3)	If a document (including an infringement notice or reminder notice) is to be served on the buyer under this part by post in relation to the offence, the document may be addressed to the buyer at his or her home or business address stated in the sold vehicle declaration.
	(4)	Section 131C (Liability for vehicle-related offences), section 131E and this section apply as if the buyer were a responsible person for the vehicle at the time of the offence and the infringement notice had been served on the buyer under section 131B.
	(5)	However, a proceeding for the offence may be brought in a court against the buyer only if a copy of the sold vehicle declaration has been served on the buyer by an authorised person.
	(6)	In a proceeding against the buyer for the offence, the sold vehicle declaration is evidence that the buyer was the responsible person for the vehicle at the time of the offence.
131G	Unknown offender declarations
If an infringement notice for a vehicle-related offence is served on a person under section 131B (Service of infringement notice on responsible person for vehicles), the person may—
	(a)	make a declaration (an unknown offender declaration) stating—
	(i)	that—
	(A)	if the person is an individual—the person was not the driver of the vehicle at the time of the offence and did not commit the offence; or
	(B)	if the person is a corporation—the vehicle was not being used for the corporation’s purposes at the time of the offence; and
	(ii)	that the person has made inquiries to find out who was—
	(A)	the driver of the vehicle at that time; or
	(B)	for a vehicle-related offence under an Act declared by regulation to be an Act to which this subparagraph applies—the offender was at that time; and
	(iii)	that the person does not know, and has not been able to find out, who was the driver of the vehicle, or the offender, at that time; and
	(iv)	the nature and extent of the inquiries made by the person; and
	(b)	give the unknown offender declaration to the administering authority within 28 days after the day when the infringement notice, or a reminder notice for the offence, is served on the person (or any additional time allowed by the administering authority).
Division 3.8.4	Disputing liability for infringement notices
132	Disputing liability for infringement notice offence
	(1)	A person on whom an infringement notice or reminder notice has been served for an infringement notice offence may dispute liability for the offence by written notice given to the administering authority.
	(2)	The notice must set out the grounds on which the person relies.
	(3)	The notice must be given to the administering authority—
	(a)	within 28 days after the date of service of the infringement notice or reminder notice; or
	(b)	if the person applies to the administering authority within the 28 days for additional time to dispute liability for the offence and the additional time is allowed—within the additional time allowed by the administering authority; or
	(c)	if the person applies to the administering authority within the 28 days for additional time to dispute liability for the offence and the application is refused—within 7 days after the day the person is told of the refusal or 28 days after the date of service of the infringement notice or reminder notice, whichever is later.
133	Extension of time to dispute liability
	(1)	The person on whom an infringement notice or reminder notice is served may apply, in writing, to the administering authority, within 28 days after the date of service of the notice, for a stated additional time in which to dispute liability for the offence.
	(2)	The administering authority must—
	(a)	allow or refuse to allow the additional time; and
	(b)	tell the person in writing of the decision and, if the decision is a refusal, the reasons for it.
134	Procedure if liability disputed
	(1)	This section applies if a person disputes liability for an infringement notice offence by giving the administering authority a notice in accordance with section 132 (Disputing liability for infringement notice offence).
	(2)	The administering authority may lay an information in the Magistrates Court against the person for the offence within 60 days after being given the notice.
	(3)	The administering authority must discontinue a proceeding brought against the person for the offence if, before the hearing of the proceeding, the person pays the total of—
	(a)	the infringement notice penalty; and
	(b)	the costs (if any) prescribed by regulation for beginning the proceeding; and
	(c)	the disbursements (if any) incurred by the administering authority up to the day payment is made.
	(4)	If subsection (3) applies, section 125 (Effect of payment of infringement notice penalty) also applies to the person in relation to the offence, even though the person paid the infringement notice penalty for the offence after an information had been laid in the Magistrates Court against the person for the offence.
	(5)	If the administering authority does not lay an information in the Magistrates Court against the person for the offence within 60 days after being given the notice, the administering authority must—
	(a)	tell the person, in writing, that no further action will be taken against the person for the offence; and
	(b)	take no further action against the person for the offence.
	(6)	To remove any doubt, subsection (2) does not permit the administering authority to lay an information against a person for an offence after the end of the time within which, apart from this section, a prosecution may be brought against the person for the offence.
Note	For the time within which a prosecution must be begun, see the Legislation Act, s 192.
Division 3.8.5	Infringement notices—other provisions
134A	Authorised people for infringement notice offences
	(1)	The administering authority for an infringement notice offence may appoint a person to be an authorised person to serve infringement notices or reminder notices.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
	(2)	A regulation may prescribe a person to be an authorised person for the service of infringement notices or reminder notices.
	(3)	In this part:
authorised person means—
	(a)	for an infringement notice for an infringement notice offence—
	(i)	the administering authority; or
	(ii)	a person who is appointed under this section by the administering authority to serve an infringement notice for the offence; or
	(iii)	anyone else who, under the regulations, may serve an infringement notice for the offence; or
	(b)	for a reminder notice for an infringement notice offence—
	(i)	the administering authority; or
	(ii)	a person who is appointed under this section by the administering authority to serve a reminder notice for the offence; or
	(iii)	anyone else who, under the regulations, may serve a reminder notice for the offence.
135	Delegation of administering authority’s functions
	(1)	The administering authority for an infringement notice offence may delegate the administering authority’s functions under this part to an authorised person or a person prescribed by regulation.
	(2)	A person prescribed by regulation for subsection (1) may delegate the functions delegated to the person under that subsection to anyone else.
Note	For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.
136	Evidentiary certificates
	(1)	This section applies to a proceeding for an infringement notice offence.
	(2)	A certificate that appears to be signed by or on behalf of the administering authority, and states any matter relevant to anything done or not done under this part in relation to the offence, is evidence of the matter.
	(3)	Without limiting subsection (2), a certificate given under that subsection may state any of the following:
	(a)	a stated infringement notice or reminder notice was served by a stated authorised person in a stated way on a stated person on a stated date for a stated infringement notice offence;
	(b)	the administering authority did not allow additional time, or allowed stated additional time, for payment of the infringement notice penalty or to dispute liability for the offence;
	(c)	the infringement notice penalty was not paid within the time in which it was required to be paid under this part;
	(d)	the infringement notice has not been withdrawn or was withdrawn on a stated date;
	(e)	a stated address was, on a stated date, the latest business, home or email address, or fax number, of a stated person recorded in a register or other record kept by the administering authority;
	(f)	an infringement notice penalty has not been paid by, or a penalty has not been imposed on, a stated person or anyone for the offence.
	(4)	A court must accept a certificate given under this section as proof of the matters stated in it if there is no evidence to the contrary.

Part 3.9	Enforcement of criminal decisions
Division 3.9.1	Enforcement of criminal decisions—general
141	Minute of decision and notice to defendant
	(1)	If the court convicts or makes an order against a defendant—
	(a)	a minute or memorandum of the conviction or order must be made and signed by the magistrate exercising the jurisdiction of the court; and
	(b)	the defendant must be notified in writing of the conviction or order.
Note 1	If the defendant is sentenced to imprisonment, the court must issue a warrant for the imprisonment of the defendant in the director‑general’s custody (see Crimes (Sentence Administration) Act 2005, s 12).
Note 2	If the defendant is liable to pay a fine, the notice must contain a penalty notice for the fine (see Crimes (Sentence Administration) Act 2005, s 116C (Registrar to send penalty notice)).
	(2)	A minute or memorandum under subsection (1) (a) must specify the amount of any victims financial assistance levy imposed under the Victims of Crime (Financial Assistance) Act 2016, part 7.
Note	The Victims of Crime Act 1994, s 25 (1) requires the amount of the victims services levy payable by a person (in relation to an offence to which that Act, pt 5 applies), to be stated on a fine order under the Crimes (Sentencing) Act 2005 and on any notice or copy of the fine order given to the person.
	(3)	Failure to comply with subsection (1) does not invalidate a conviction or order or the enforcement of a conviction or order.
	(4)	The minute must not form part of—
	(a)	a warrant under the Crimes (Sentence Administration) Act 2005, section 12 (Warrant for imprisonment); or
	(b)	an enforcement order.
142	Formal convictions and orders
	(1)	The conviction or order must, if required, be drawn up by the court in proper form and be filed by the registrar in the court’s records.
	(2)	It is not necessary for a court formally to draw up a conviction or order or any other record of a decision, unless it is demanded by a party to the proceeding for the purpose of an appeal against the decision, or is required for the purpose of a habeas corpus order or another order from the Supreme Court.
143	Consequences if information dismissed
	(1)	The court must make an order of dismissal if the court dismisses an information.
	(2)	The court must give the defendant a certificate of dismissal signed by the adjudicating magistrate or the registrar if the defendant applies for it.
	(3)	If a certificate of dismissal is produced to a court—
	(a)	the court must accept it as proof of the matters stated in it if there is no evidence to the contrary; and
	(b)	it is a bar to any other information or proceeding in any court (other than an appeal) for the same matter against the same party.
144	Copies of informations and other documents
	(1)	On application, the registrar must give an applicant a copy of—
	(a)	an information; or
	(b)	a minute or memorandum of a conviction or order; or 
	(c)	a formal conviction or order; or
	(d)	a committal order.
	(2)	The registrar may refuse an application under subsection (1) if—
	(a)	the applicant is not a party to the relevant proceeding; and
	(b)	the registrar or a magistrate is not satisfied that the applicant has a good reason for being given that copy.
Division 3.9.3	Reciprocal enforcement of fines against bodies corporate
166A	Definitions for div 3.9.3
In this division:
conviction means a conviction or order entered or made by a court in the exercise of summary jurisdiction in a proceeding for an offence.
fine includes—
	(a)	a financial penalty, financial forfeiture and financial compensation; and
	(b)	fees, charges and costs payable by a body corporate under an order made in a proceeding in which a conviction was entered in relation to the body corporate.
reciprocating court means a court declared under section 166B to be a reciprocating court.
relevant officer, in relation to a reciprocating court, means the registrar or other corresponding officer of the court.
State includes a Territory other than the Australian Capital Territory.
territory fine means a fine payable under a conviction of the court.
166B	Declarations relating to reciprocating courts
	(1)	If a State has laws providing for the enforcement in the State of a territory fine against a body corporate, the Attorney-General may declare a court of summary jurisdiction in the State to be a reciprocating court.
	(2)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
166C	Enforcement of fine
	(1)	If—
	(a)	a fine is payable by a body corporate under a conviction of a reciprocating court; and
	(b)	the registrar receives a written request from the relevant officer of the reciprocating court for the enforcement of the conviction accompanied by—
	(i)	a copy, certified by the relevant officer to be correct, of the conviction; and
	(ii)	a certificate signed by the relevant officer stating the amount of the fine that remains unpaid;
the registrar must register the conviction by filing in the court the certified copy of the conviction and noting the date of the registration on the copy.
	(2)	On the registration of a conviction under subsection (1)—
	(a)	the conviction is taken, for this part, to be a conviction of the court adjudging payment of a fine by the body corporate in the amount stated as unpaid in the certificate mentioned in subsection (1) (b); and
	(b)	the registrar must make an enforcement order for the purpose of recovering the amount mentioned in paragraph (a); and
	(c)	subject to this section, this Act and the rules applying to civil proceedings in the Magistrates Court apply in relation to an enforcement order made under paragraph (b) as if the order had been made in a civil proceeding in the court.
	(3)	If a request is made under this section in relation to a fine payable under a conviction of a reciprocating court and the registrar later receives a notification from the relevant officer of the reciprocating court of payment of an amount in satisfaction in whole or part of the amount of the fine, the registrar must note the particulars of the payment on the certified copy of the conviction filed in the court.
	(4)	If—
	(a)	an enforcement order is made under subsection (2) in relation to a fine; and
	(b)	before enforcement, the registrar receives a notification mentioned in subsection (3) in relation to the fine;
the registrar must stay the order.
	(5)	On the stay of the order, the registrar must—
	(a)	if the amount of the fine has been paid in full—set aside the order; or
	(b)	if part of the amount of the fine remains unpaid—amend the order to show the amount still unpaid.
	(6)	If an enforcement order is amended under subsection (5) (b), the order must be enforced in relation to the amount of the fine shown in the order as unpaid.
	(7)	If an amount of money is paid to the registrar in satisfaction in whole or in part of a fine payable under a conviction registered under subsection (1), the registrar must remit the amount to the relevant officer of the reciprocating court by which the conviction was entered.
	(8)	For this section, a document that purports to have been signed by the relevant officer of a reciprocating court is taken to have been so signed unless the contrary is proved.
166D	Effect of enforcement by reciprocating court
An amount received by the registrar from a reciprocating court in satisfaction in whole or in part of a territory fine must be applied by the registrar as if the amount had been paid to the registrar by the body corporate by which the fine was payable in satisfaction in whole or in part of the fine.
166E	Registrar to notify payment of territory fine
If—
	(a)	a conviction of the court under which a fine is payable is registered by the relevant officer of a reciprocating court; and
	(b)	an amount is received by the registrar in satisfaction in whole or in part of the fine;
the registrar must, as soon as practicable, notify the relevant officer of the amount of that payment.
Division 3.9.4	Enforcement of criminal decisions—other provisions
184	Enforcement of costs against informant
If a court orders an informant in a criminal proceeding to pay costs to a defendant, the order operates as a judgment given or entered in relation to a claim for the payment of money and is enforceable accordingly.
191	Accounts to be kept of amounts received
Every registrar and person in charge of a correctional centre must keep a true and exact account of all amounts received by him or her under or because of any conviction or order, showing the people from whom and the time when the amounts were received and to whom and when the amounts were paid.
Maximum penalty:  1 penalty unit.
193	Forfeited goods may be sold
Except where otherwise provided, all forfeitures, not financial, that are incurred in relation to an offence triable by the court or that may be enforced by the court, may be sold or disposed of or dealt with in the way that the court directs, and the proceeds of the sale must be applied in a similar way as if the proceeds were a fine imposed under the Act, ordinance or law on which the proceeding for forfeiture is founded.
194	Enforcement order not void for form only
An enforcement order is not void only because of a defect or error in it if there is a conviction or order that is valid, or that may be amended and made valid, under this Act to support it.
195	Convictions etc to be given to Supreme Court registrar
	(1)	This section applies if a person is convicted of an indictable offence by the court or an information in relation to an indictable offence is dismissed by the court.
	(2)	The court must immediately give the registrar of the Supreme Court a copy of the conviction and recognisances or a copy of the certificate of dismissal (if any).
	(3)	The court must keep a conviction and dismissal book and record each conviction or dismissal in it.

Part 3.10	Criminal appeals
Division 3.10.1	Criminal appeals—jurisdiction of Supreme Court
207	Jurisdiction of Supreme Court
	(1)	The appellate jurisdiction of the Supreme Court in relation to decisions of the Magistrates Court under this Act (other than chapter 4 (Civil proceedings)) extends to the hearing and deciding of the following appeals and to no others:
	(a)	appeals to which division 3.10.2 (Appeals in criminal matters) applies;
	(b)	reference appeals under division 3.10.2A (Reference appeals in criminal matters);
	(c)	review appeals under division 3.10.3 (Review appeals in criminal matters).
	(2)	This part does not limit the operation of any other Act that makes provisions in relation to the appellate jurisdiction of the Supreme Court.
Division 3.10.2	Appeals in criminal matters
208	Appeals to which div 3.10.2 applies
	(1)	Each of the following appeals is an appeal to which this division applies:
	(a)	an appeal by any of the following from a decision of the Magistrates Court under the Crimes Act, section 315A (2) or (3) (Investigation into fitness to plead) or section 315D (7) (Person found temporarily unfit to plead):
	(i)	the person whose fitness to plead was decided;
	(ii)	anyone who appeared at the proceeding in which the decision was made;
	(iii)	anyone else with the leave of the court;
	(b)	an appeal, by the person convicted, from a conviction for an offence dealt with by the Magistrates Court under this Act, part 3.6 (Proceedings for offences punishable summarily) or part 3.7 (Service and pleading by post for certain offences) or under the Crimes Act, section 374 or section 375;
	(c)	an appeal, by the person against whom the order is made, from an order made under this Act, section 113 or section 114 in a proceeding dealt with by the Magistrates Court under this Act, part 3.6 or under the Crimes Act, section 374 or section 375;
	(d)	an appeal from a sentence or penalty imposed by the Magistrates Court by a person convicted of an offence dealt with by that court under this Act, section 90A, part 3.6 or part 3.7, or under the Crimes Act, section 374 or section 375, whether or not the person appeals against the conviction in relation to which the sentence or penalty was imposed;
	(e)	an appeal from an order of the court under any of the following provisions of the Crimes (Sentencing) Act 2005:
	(i)	part 3.2 (Sentences of imprisonment);
	(ii)	part 3.3 (Non-custodial sentences);
	(iii)	part 3.4 (Non-association and place restriction orders);
	(iv)	part 3.5 (Deferred sentence orders);
	(v)	part 3.6 (Combination sentences);
Note	Orders under the Crimes Act 1900, pt 18 (Conditional release of offenders) are taken to be orders under the Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act 2005, ch 16).
	(f)	an appeal from an order of the court under the Crimes (Sentence Administration) Act 2005, part 6.6 (Good behaviour orders—amendment and discharge);
	(g)	an appeal from an order of the court to disqualify a person from holding or obtaining a driver licence under an automatic disqualification provision under the Road Transport (General) Act 1999, division 4.2 (Licence suspension, disqualification and related matters), if the order is for a longer period than the minimum.
Note	Automatic disqualification provision—see the Road Transport (General) Act 1999, s 61A.
	(2)	Subsection (1) does not affect any power that the Supreme Court has, apart from this Act, to grant bail or to vary the conditions of bail.
209	Institution of appeal
	(1)	An appeal must be instituted by the appellant filing a notice of appeal in the office of the registrar of the Supreme Court within the period of 28 days after the conviction was entered, the order or decision was made or the sentence or penalty imposed, or within any further time the Supreme Court allows.
	(2)	As soon as practicable after instituting the appeal, the appellant must—
	(a)	file a copy of the notice of appeal with the Magistrates Court; and
	(b)	serve a copy of the notice of appeal on—
	(i)	for an appeal mentioned in section 208 (1) (a)—each other person mentioned in that paragraph; and
	(ii)	for any other appeal—the director of public prosecutions.
210	Substituted service of notice of appeal
	(1)	If it appears to the Supreme Court, on an application made for an order under this section, that personal service of a notice of appeal under section 209 on a person on whom it is required to be served cannot be effected, the Supreme Court may make the order for substituted or other service the Supreme Court considers just.
	(2)	The Supreme Court may, on an application made for an order under this subsection, dispense with service of a notice of appeal if the court considers it necessary or expedient to do so.
	(3)	An order under subsection (2) may be made subject to the conditions (if any) the Supreme Court considers appropriate.
214	Appeals in cases other than civil cases
	(1)	This section applies to an appeal mentioned in section 208 (Appeals to which div 3.10.2 applies).
	(2)	In an appeal to which this section applies, the Supreme Court must have regard to the evidence given in the proceeding out of which the appeal arose, and has power to draw inferences of fact.
	(3)	In an appeal to which this section applies, the Supreme Court must—
	(a)	if it considers it necessary or expedient to do so in the interests of justice—
	(i)	order the production of a document or anything else that was an exhibit in, or was otherwise connected with, the proceeding out of which the appeal arose and that appears to it to be necessary to produce for deciding the appeal; and
	(ii)	order any person who was, or would have been if the person had been called, a compellable witness in the proceeding to attend for examination before the Supreme Court; and
	(iii)	receive the evidence, if tendered, of any witness; and
	(b)	receive evidence with the consent of the parties to the appeal.
	(4)	If evidence is tendered in an appeal to which this section applies, the Supreme Court must, unless satisfied that the evidence would not afford any ground for allowing the appeal, receive the evidence if—
	(a)	it appears to the Supreme Court that the evidence is likely to be credible and would have been admissible in the proceeding out of the which the appeal arose on an issue relevant to the appeal; and
	(b)	 the Supreme Court is satisfied that the evidence was not adduced in the proceeding and there is a reasonable explanation for the failure to adduce it.
216	Stay of execution pending appeal in certain cases
	(1)	If a person (the appellant) appeals under this division—
	(a)	the enforcement or execution of the decision, conviction, order, sentence or penalty that is the subject of the appeal is stayed until the appeal is decided or is abandoned or discontinued; and
	(b)	if the appellant is in custody—the appellant may, if not detained for another reason, apply for bail under the Bail Act 1992.
	(2)	Unless the appellant is detained for another reason, the appellant remains in the custody of the person who had custody of the appellant immediately before the enforcement or execution of the conviction or sentence was stayed until—
	(a)	the appellant is granted bail under the Bail Act 1992; or
	(b)	the appellant is remanded in custody.
218	Orders by Supreme Court on appeals
	(1)	On an appeal to which this division applies, the Supreme Court may—
	(a)	confirm, reverse or vary the conviction, order, sentence, penalty or decision appealed from; or
	(b)	give the judgment, or make the order, that, in all the circumstances, it considers appropriate, or refuse to make an order; or
	(c)	set aside the conviction, order, sentence, penalty or decision appealed from, in whole or in part, and remit the proceeding to the Magistrates Court for further hearing and decision, subject to the directions the Supreme Court considers appropriate.
	(2)	A judgment or order of the Supreme Court under subsection (1) (a) or (b) has effect as if it were a decision of the Magistrates Court and may be enforced by the Magistrates Court accordingly.
219	No right of appeal under div 3.10.2 if review appeal
	(1)	A person is not entitled to appeal to the Supreme Court under this division against a decision of the Magistrates Court if the person has instituted an appeal against the decision under division 3.10.3 (Review appeals in criminal matters).
	(2)	If a person institutes an appeal under division 3.10.3 in relation to a decision of the Magistrates Court, any appeal against the decision that has been instituted under this division is taken to be withdrawn.
Division 3.10.2A	Reference appeals in criminal matters
219A	What is a reference appeal?
In this division:
reference appeal—see section 219AB (2).
219AB	Reference appeal in relation to proceeding
	(1)	This section applies if a person has been charged on indictment in the Magistrates Court and the proceeding in relation to all or part of the indictment has concluded.
	(2)	The Supreme Court may, on application by the Attorney-General, solicitor-general or director of public prosecutions (the applicant), hear and decide (by a reference appeal) any question of law arising at or in relation to the proceeding.
219AC	Who may be heard at reference appeal
	(1)	Each of the following people (each interested party) may be heard in a reference appeal:
	(a)	a person charged in the proceeding;
	(b)	a person who seeks to be heard, if the court is satisfied that the person has a sufficient interest in the appeal to be heard.
	(2)	If an interested party is not represented in the appeal, the applicant must instruct counsel to argue the reference appeal on the party’s behalf.
	(3)	The reasonable costs of legal representation of an interested party are payable by the Territory.
219AD	Reference appeal decision does not affect verdict
The decision on a reference appeal does not invalidate or affect any verdict or decision given in the proceeding.
Division 3.10.3	Review appeals in criminal matters
219B	Decisions subject to review appeal
	(1)	Each of the following is a decision of the Magistrates Court from which an appeal by way of review (a review appeal) may be made in accordance with this division:
	(a)	an order of the Magistrates Court dismissing an information dealt with by that court under this Act, part 3.6 (Proceedings for offences punishable summarily) or part 3.7 (Service and pleading by post for certain offences) or under the Crimes Act, section 374 or section 375;
	(b)	a conviction by the Magistrates Court for an offence dealt with by that court under this Act, part 3.6 or part 3.7 or under the Crimes Act, section 374 or section 375;
	(c)	an order made under this Act, section 113 or section 114 in a proceeding dealt with by the Magistrates Court under this Act, part 3.6 or under the Crimes Act, section 374 or section 375;
	(d)	a decision of the Magistrates Court not to commit a person to the Supreme Court for sentence under section 92A;
	(e)	a decision of the Magistrates Court to dispose of a case summarily under the Crimes Act, section 374 or section 375 (7) or (8);
	(f)	a sentence or penalty imposed by the Magistrates Court for an offence dealt with by that court under this Act, section 90A, part 3.6 or part 3.7 or under the Crimes Act, section 374 or section 375.
	(2)	In subsection (1) (f):
sentence or penalty includes a sentence or penalty imposed by an order of the Magistrates Court under—
	(a)	any of the following provisions of the Crimes (Sentencing) Act 2005:
	(i)	part 3.2 (Sentences of imprisonment);
	(ii)	part 3.3 (Non-custodial sentences);
	(iii)	part 3.4 (Non-association and place restriction orders);
	(iv)	part 3.5 (Deferred sentence orders);
	(v)	part 3.6 (Combination sentences); or
Note	Orders under the Crimes Act 1900, pt 18 (Conditional release of offenders) are taken to be orders under the Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act 2005, ch 16).
	(b)	the Crimes (Sentence Administration) Act 2005, part 6.6 (Good behaviour orders—amendment and discharge).
219C	How review appeal is instituted
	(1)	A review appeal must be instituted by the appellant filing a notice of appeal in the Supreme Court within 28 days after the day the conviction was entered, the order or decision was made or the sentence or penalty imposed, or within any further time the Supreme Court allows.
	(2)	As soon as practicable after instituting the appeal, the appellant must—
	(a)	file a copy of the notice of appeal in the Magistrates Court; and
	(b)	serve a copy of the notice of appeal on—
	(i)	for an appeal mentioned in section 219B (1) (b) or (c)—the director of public prosecutions; and
	(ii)	for any other appeal—the person who was the defendant in the proceeding in the Magistrates Court.
219D	Grounds for review
The Supreme Court may review a decision of the Magistrates Court under this division on any 1 or more of the following grounds:
	(a)	that there was a prima facie case of error or mistake on the part of the Magistrates Court;
	(b)	that the Magistrates Court did not have jurisdiction or authority to make the decision;
	(c)	that the decision of the Magistrates Court should not in law have been made;
	(d)	for a decision mentioned in section 219B (1) (d) or (e)—that, in the circumstances of the case, the decision should not have been made; 
	(e)	for a decision mentioned in section 219B (1) (f)—that the sentence or penalty was manifestly inadequate or otherwise in error.
219E	Report by Magistrate
On a review appeal, the Supreme Court may, if it considers appropriate, make an order requiring the magistrate by whom the Magistrates Court was constituted to give to the Supreme Court a report setting out the reasons for the decision of the Magistrates Court and any facts or matters that in the view of the magistrate were relevant to the decision of the Magistrates Court.
219F	Powers of Supreme Court
	(1)	On a review appeal, the Supreme Court may, after considering the evidence before the Magistrates Court and any further evidence called by leave of the Supreme Court—
	(a)	dismiss the appeal if satisfied that the decision of the Magistrates Court should be confirmed; or
	(b)	set aside or quash, in whole or part, or otherwise vary or amend, the decision of the Magistrates Court.
	(2)	If, under subsection (1) (b), the Supreme Court sets aside, quashes or otherwise varies or amends a decision of the Magistrates Court, the Supreme Court may—
	(a)	for a decision mentioned in section 219B (1) (d)—order that the Magistrates Court commit the person to whom the decision relates to the Supreme Court for sentence under section 92A; or
	(b)	for a decision mentioned in section 219B (1) (e)—order that the Magistrates Court continue the committal hearing of the person to whom the decision relates in accordance with part 3.5; or
	(c)	for a decision mentioned in section 219B (1) (f)—
	(i)	impose the sentence or penalty the Supreme Court considers appropriate; or
	(ii)	by order, exercise any power that the Magistrates Court might have exercised; or
	(d)	in any other case—
	(i)	remit the matter to the Magistrates Court for rehearing or for further hearing with or without directions of law; or
	(ii)	make any other order the Supreme Court considers necessary to decide the matter finally, including a prohibition order or habeas corpus order.
	(3)	For the purpose of—
	(a)	correcting any defect or error in the proceeding before the Magistrates Court; or
	(b)	enabling the matter to be decided on the merits;
the Supreme Court may make the amendments of the proceeding in the Magistrates Court it considers appropriate.
	(4)	For subsections (1) (b) and (2) (c), the Supreme Court must not—
	(a)	vary a sentence or penalty such that the sentence or penalty as varied could not have been imposed by the Magistrates Court; or
	(b)	impose a sentence or penalty that could not have been imposed by the Magistrates Court.
	(5)	The Supreme Court may, despite the ground or any of the grounds for review mentioned in section 219D being established, dismiss the appeal if the court considers that no substantial miscarriage of justice has happened.
	(6)	On the dismissal of an appeal, the decision of the Magistrates Court appealed from may be enforced, executed or given effect to as if the appeal had not been instituted.
	(7)	If, in relation to a sentence or penalty mentioned in section 219B (1) (f), the Supreme Court—
	(a)	varies a sentence or penalty under subsection (1) (b); or
	(b)	imposes a sentence or penalty or makes an order under subsection (2) (b);
the sentence or penalty as varied or imposed or the order made has effect as if it were a decision of the Magistrates Court and may be enforced by the Magistrates Court accordingly.
	(8)	On an appeal under this division from an order, decision, sentence or penalty mentioned in section 219B (1) (a), (d), (e) or (f), the Supreme Court must order that the costs of and incidental to the appeal are payable by the appellant.
	(9)	Subsection (8) applies whether the Supreme Court dismisses the appeal or exercises any of the other powers given to it by this section.
Division 3.10.4	Criminal appeals—other provisions
222	Control of Supreme Court over summary convictions
	(1)	A person brought before the Supreme Court, under a habeas corpus order or another order, must not be discharged from custody because any defect or error in a committal order of the Magistrates Court, unless the court, or the magistrate constituting the court, and the prosecutor or other party interested in supporting the committal order have received reasonable and sufficient notice of the intention to apply for the discharge.
	(2)	The notice must require them to give to the Supreme Court the conviction, judgment or order (if any) on which the committal was founded, together with the depositions and information intended to be relied on in support of the conviction, judgment or order, or certified copies of them.
223	Amendment of documents
	(1)	This section applies if—
	(a)	a document mentioned in section 222 (2) is given to the Supreme Court; and
	(b)	the offence charged or intended to be charged by the document appears to have been established; and
	(c)	the Magistrates Court’s judgment appears to be in substance justified; and
	(d)	the defects or errors appear to be defects of form only or mistakes not affecting the substance of the proceeding before the Magistrates Court.
	(2)	The Supreme Court must allow the committal order, and may allow the conviction or judgment, to be immediately amended as necessary in accordance with the facts.
	(3)	The person committed must then be remanded to the person’s former custody.
224	In cases of certiorari order
The like proceedings as mentioned in section 222 and section 223 must be had, and the like amendments may and must be allowed to be made, in relation to every order brought before the Supreme Court by certiorari order, and after amendment in any such case the order may be enforced in the proper way, and must in all respects and for all purposes be regarded and dealt with as if it had been drawn up originally as amended.
225	Notice dispensed with
	(1)	The notice required by section 222 may be given either before or after the habeas corpus order, certiorari order or other order is made.
	(2)	When at the time of applying for the order—
	(a)	copies of the conviction or order and depositions are produced; or
	(b)	in cases of committal for trial or for sentence all informations, depositions, and statements have been given, as provided in section 106, to the director of public prosecutions or a person authorised by the director of public prosecutions;
the Supreme Court may dispense with the notice.
226	Power of court to admit to bail
	(1)	If any person imprisoned or detained under a summary conviction or order is brought up by a habeas corpus order, and the Supreme Court postpones the final decision of the case, the Supreme Court may admit the person to bail in accordance with the Bail Act 1992.
	(2)	If the judgment of the Supreme Court is against any person so brought up, the Supreme Court may remand the person to his or her former custody, there to serve the rest of the term for which the person was committed.
227	Respecting the amendment of convictions etc
	(1)	Whenever the facts or evidence appearing by the depositions in substance support the decision of the Magistrates Court, if the decision does not extend beyond the information, and if the facts or evidence would have justified the court in making any necessary allegation or finding omitted in the decision, or in the formal conviction or order, or any warrant issued under the adjudication, the powers of amendment given by section 223 may be exercised, and if in a conviction there is some excess that may (consistently with the merits of the case) be corrected, the conviction must be amended accordingly and must stand good for the remainder.
	(2)	All amendments are subject to the order about costs and otherwise the Supreme Court considers appropriate.
228	No summons or information
	(1)	This section applies to a conviction or order in a case if—
	(a)	a relevant person is present at the hearing of the case; and
	(b)	there is no summons or information (or an amendment of a summons or information) in relation to the person; and
	(c)	the person does not object at the hearing about the matter mentioned in paragraph (b).
	(2)	The conviction or order stands.
	(3)	In this section:
relevant person means—
	(a)	a convicted person; or
	(b)	a person against whom an order has been made; or
	(c)	a person whose goods have been condemned or ordered to be sold as forfeited.
229	Distribution of penalty
A conviction or an order is not defeated for the want of any distribution, or for a wrong distribution of the penalty or forfeiture.

Part 3.11	Costs in criminal matters
    
244	Costs in criminal matters
	(1)	The power of the court to award costs is subject to the following:
	(a)	if the court makes a conviction or order in favour of the informant—it may order that the defendant must pay to the informant the informant’s costs;
	(b)	if the court dismisses the information, or makes an order in favour of the defendant—it may order that the informant must pay to the defendant the defendant’s costs;
	(c)	if a matter is adjourned—the court may order that the costs of and caused by the adjournment be paid by any party to any other party;
	(d)	costs ordered to be paid—
	(i)	must be awarded in the way prescribed by regulation; and
	(ii)	may be recovered under the rules about the enforcement of judgments of the court in civil proceedings.
	(2)	Subject to any order of the court, the expenses of a person who attends at court to give evidence or to produce documents must be allowed to the person (whether or not they have been examined or produced documents and whether or not they were subpoenaed to attend).

Part 3.12	Securities in criminal matters
248	Meaning of security—pt 3.12
In this part:
security means a security under the Crimes (Sentencing) Act 2005, section 15A (Fines—security for payment).
249	Securities taken under Act
	(1)	A person must give security, whether as principal or surety, either by the deposit of an amount with the registrar, or by an oral or written acknowledgment of the undertaking or condition by which, and of the amount for which, the person is bound.
Note	If a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.
	(2)	Record of the security having been made may be provided by entry of it in the court’s records.
250	Recovery of amount due under security
Any amount becoming due under a security  is recoverable on a claim by a police officer or by the registrar or by some other person authorised by the court.
252	Sums paid by surety may be recovered from principal
Any amount paid by a surety on behalf of his or her principal in relation to a security, together with all costs, charges and expenses incurred by the surety in relation to the security, is taken to be a debt due to the surety from the principal, and may be recovered on a claim by the surety.
253	Payment enforced by security
If security is given for payment of an amount, the payment must be enforced by means of the security in substitution for other means of enforcing the payment.
254	Enforcement of recognisance
	(1)	If—
	(a)	a witness or a person sought to be made a witness has entered into a recognisance for this Act; and
	(b)	the court is satisfied that the witness or person sought to be made a witness has failed to comply with a condition of the recognisance;
the court may declare the recognisance to be forfeited and may make an order that the witness or person sought to be made a witness pay the whole or a part of the amount in which the witness or person is bound under the recognisance.
	(2)	If—
	(a)	the court has declared a recognisance to be forfeited under subsection (1); and
	(b)	a person is bound by the recognisance as surety for the performance of that condition;
the court may make an order that the person mentioned in paragraph (b) pay the whole or a part of the amount in which the person is bound under the recognisance.
	(3)	An order made under subsection (1) or (2) may be enforced as if it were a judgment entered on a claim by the registrar.
	(4)	Subject to subsection (5), the court may, on application by a person against whom an order has been made under subsection (1) or (2)—
	(a)	vary the order by reducing the amount payable under the order; or
	(b)	revoke the order and, if the order was made under subsection (1), revoke the declaration that the recognisance is forfeited.
	(5)	If—
	(a)	the court has made an order under subsection (1) or (2); and
	(b)	an enforcement order has been made; and
	(c)	property has been sold under the enforcement order;
the court must not make an order under subsection (4).
	(6)	It is not necessary that, for the purpose of hearing an application under subsection (4), the court be constituted by the magistrate who made the order to which the application relates.

Chapter 4	Civil proceedings
Part 4.1	Preliminary
256	Application of ch 4
This chapter does not apply in relation to—
	(a)	a proceeding under the Domestic Violence and Protection Orders Act 2008; or
	(b)	a proceeding under the Workers Compensation Act 1951; or
	(c)	a proceeding on an information for an offence.

Part 4.2	Civil jurisdiction
257	Personal actions at law—amount or value
	(1)	The Magistrates Court has jurisdiction to hear and decide any personal action at law if the amount claimed is not more than $250 000, including a personal action at law if—
	(a)	the amount claimed is the amount owing on a balance of account, after an admitted set-off or otherwise; or
	(b)	any amount in excess of $250 000 to which the plaintiff may be entitled in relation to the cause of action is abandoned in accordance with the rules.
	(2)	If the amount claimed in a personal action includes interest up to judgment, or a lump sum instead of interest, in accordance with the rules, the interest is disregarded in working out whether or not the court has jurisdiction.
	(3)	For this section, a personal action at law includes an action relating to the detention of goods, and the amount claimed in the action is the value of the goods plus any amount claimed for damages for the detention of the goods.
	(4)	Subsection (1) does not limit the court’s jurisdiction if, under another law in force in the ACT, an amount may be recovered by action in the court (even if the amount is more than $250 000).
	(5)	The court’s jurisdiction under subsection (1) is additional to any jurisdiction that the court has under any other law in force in the ACT.
258	Power of court to grant relief
	(1)	In any proceeding that the Magistrates Court has jurisdiction to hear and decide—
	(a)	the court may grant any relief, redress or remedy that the Supreme Court may grant in a similar action in that court, and for that purpose the Magistrates Court may make any order that the Supreme Court may make; and
	(b)	the court must give effect to any ground of defence, counterclaim or set-off, whether equitable or legal, in the same way and to the same extent that the Supreme Court would do.
	(2)	For the exercise by the Magistrates Court of its powers under subsection (1) in any proceeding—
	(a)	a magistrate constituting the court has, as well as any other powers under this Act, all the powers of a judge in a similar action in the Supreme Court; and
	(b)	the registrar, bailiff or other appropriate officer of the Magistrates Court must exercise any function that a corresponding officer of the Supreme Court would exercise in a similar action in that court in accordance with the practice and procedure of that court.
	(3)	In exercising a function mentioned in subsection (2), the registrar, a bailiff or other officer of the court must comply with this Act, the rules and any order of the Magistrates Court.
259	Rules of equity to prevail
In any proceeding in the Magistrates Court, if there is a conflict between the rules of equity and the rules of common law, the rules of equity prevail.
260	Nuisance
	(1)	The Magistrates Court has the same jurisdiction as the Supreme Court to hear and decide a civil action for nuisance.
	(2)	In a civil action for nuisance, the Magistrates Court may grant the same relief as the Supreme Court may grant in a similar action in that court.
261	Disputed debts
	(1)	The Magistrates Court may, in a proceeding in the court, declare that—
	(a)	a person is or is not indebted to someone else; or
	(b)	a person is or is not indebted to someone else in a stated amount; or
	(c)	a person is or is not indebted to someone else in an amount that is more than a stated amount.
	(2)	This section applies only in relation to a debt that is not more than $250 000.
262	Cause of action arising, or defendant resident, outside ACT
The Magistrates Court has jurisdiction to hear and decide a proceeding if—
	(a)	the defendant was resident in the ACT when the claim was served on the defendant, even though all of the cause of action in the proceeding arose outside the ACT; or
	(b)	both of the following apply, even though the defendant is not in the ACT:
	(i)	a material part of the cause of action in the proceeding arose in the ACT, even though part of the cause of action arose outside the ACT;
	(ii)	the claim is served on the defendant in Australia or an external territory.
263	Requests under conventions relating to legal proceedings in civil and commercial matters
	(1)	The Magistrates Court has jurisdiction to make any order or take any action necessary to comply with a request received from the consular or other authority of a relevant foreign country for serving documents in the ACT or taking evidence in the ACT.
	(2)	In this section:
relevant foreign country—a foreign country is a relevant foreign country if a convention relating to legal proceedings in civil and commercial matters is in force between the country and Australia.
264	Proceedings affecting title to land 
	(1)	The Magistrates Court does not have jurisdiction to hear and decide a proceeding in which the title to land is genuinely in question.
	(2)	However, the jurisdiction of the Magistrates Court to hear and decide a proceeding is not affected only because the title to land incidentally comes in question in the proceeding.
	(3)	In a proceeding mentioned in subsection (2), a judgment is not evidence of title to land.
265	Disputes under Residential Tenancies Act 
The Magistrates Court does not have jurisdiction in relation to a dispute to which the Residential Tenancies Act 1997 applies if the amount in dispute is not more than $10 000.
266	Complaints under Utilities Act, pt 12
The Magistrates Court does not have jurisdiction in relation to a matter to the extent to which it is the subject of—
	(a)	a complaint under the Utilities Act 2000, part 12 (Complaints); or
	(b)	a direction or declaration of the ACAT under that part.
266A	Civil disputes under ACT Civil and Administrative Tribunal Act
	(1)	A proceeding may not be started in the Magistrates Court in relation to—
	(a)	a common boundaries determination; or
	(b)	another civil dispute if an amount of not more than $10 000 is claimed, or sought to be declared as a debt, whether or not any other relief is also sought.
	(2)	To remove any doubt, this section does not apply in relation to the enforcement of an order made by the ACAT.
Note	The ACT Civil and Administrative Tribunal Act 2008, s 71 provides that a money order or non-money order made by the ACAT is taken to have been filed in the Magistrates Court for enforcement under the Court Procedures Rules 2006, pt 2.18 (Enforcement).
	(3)	In this section:
civil dispute—see the ACT Civil and Administrative Tribunal Act 2008, section 16.
common boundaries determination—see the ACT Civil and Administrative Tribunal Act 2008, section 15.
Note	An application may be made to the ACAT for civil disputes (see the ACT Civil and Administrative Tribunal Act 2008, pt 4). The ACAT has, in relation to civil disputes, the same jurisdiction and powers as the Magistrates Court (see the ACT Civil and Administrative Tribunal Act 2008, s 22).
266B	Enforcement of ACT Civil and Administrative Tribunal order—representation
	(1)	This section applies if a person (the first person)—
	(a)	was represented in an application in the ACAT by someone else (the second person) under the ACT Civil and Administrative Tribunal Act 2008, section 30; and
	(b)	the ACAT made a money order or non-money order in favour of the first person; and
	(c)	the first person enforces the order in the Magistrates Court under the Court Procedures Rules 2006, part 2.18 (Enforcement).
	(2)	The second person may represent the first person in the enforcement proceeding in the Magistrates Court.

Part 4.3	Case stated for Supreme Court
267	Case stated 
	(1)	On the application of a party to a proceeding in the Magistrates Court, the court may state, in the form of a special case, any question of law that arises in the proceeding for the opinion of the Supreme Court.
	(2)	The Supreme Court has jurisdiction to hear and decide a case stated under this section.

Part 4.4	Transfer of proceedings from or to Supreme Court
268	Transfer of action from Supreme Court 
	(1)	This section applies if a proceeding in the Supreme Court relates to a cause of action that is a prescribed action.
	(2)	The Supreme Court may, on the application of a party to the action or its own initiative, order that the action be transferred to the Magistrates Court if it considers it just to do so.
	(3)	In subsection (1):
prescribed action means an action in which the amount claimed (whether initially or as reduced by payment, admitted set-off or otherwise) is not more than the amount for which the Magistrates Court has jurisdiction under this chapter.
269	Procedure on transfer of action from Supreme Court 
	(1)	This section applies if the Supreme Court has made an order under section 268 that an action pending in the Supreme Court be transferred to the Magistrates Court.
	(2)	A party to the action may file in the Magistrates Court a copy of the order, a copy of each of the pleadings (if any) in the action and any other relevant documents filed in the Supreme Court.
	(3)	When the copies have been filed, the action—
	(a)	stops being an action in the Supreme Court; and
	(b)	becomes a proceeding in the Magistrates Court.
	(4)	The proceeding is taken to have been begun in the Magistrates Court on the day the action was begun in the Supreme Court.
	(5)	Costs in the proceeding are to be allowed—
	(a)	for costs incurred before the order under section 268 was made (including the costs of getting the order) and the costs of getting the copies mentioned in subsection (2)—in accordance with the rules under the Court Procedures Act 2004 applying to the Supreme Court, but subject to any Supreme Court order; and
	(b)	for costs incurred after the order was made (not including the costs of getting the copies)—in accordance with the rules applying to the Magistrates Court.
	(6)	If costs mentioned in subsection (5) (a) are to be assessed, the costs must be assessed by the registrar in accordance with the rules applying to the Supreme Court.
270	Removal of proceedings into Supreme Court 
On the application of a party to a proceeding in the Magistrates Court, the Supreme Court may order that the proceeding be removed into the Supreme Court on the conditions about costs, security for the amount claimed or costs, or otherwise, that the Supreme Court considers just.
271	Stay of proceedings 
	(1)	This section applies if an application under section 270 to have a proceeding in the Magistrates Court removed into the Supreme Court is pending.
	(2)	On the application of a party to the proceeding, the Supreme Court may order that the proceeding be stayed until the application under section 270 is decided or until the Supreme Court orders otherwise.
	(3)	An order that a proceeding be stayed takes effect immediately on a copy of the order being filed in the Magistrates Court.

Part 4.5	Civil appeals
272	Meaning of appeal—pt 4.5
In this part:
appeal means an appeal to the Supreme Court from a judgment or order of the Magistrates Court, whether final or interlocutory, in a proceeding that the Magistrates Court has jurisdiction to hear and decide under this chapter.
273	Jurisdiction 
	(1)	The jurisdiction of the Supreme Court to hear and decide appeals is subject to the exceptions and conditions in this part.
	(2)	Subsection (1) does not affect the operation of any other law that provides for the appellate jurisdiction of the Supreme Court.
274	Cases in which appeal may be brought 
	(1)	An appeal may be brought only with the leave of the Supreme Court.
	(2)	However, an appeal may be brought as of right from a judgment or order—
	(a)	for, or for the payment of, an amount of $2 000 or more; or
	(b)	in a proceeding in the Magistrates Court—
	(i)	in which the matter in issue amounts to, or is of the value of, $2 000 or more; or
	(ii)	that involves directly or indirectly a claim, demand or question to or in relation to any property or any civil right amounting to, or of the value of, $2 000 or more.
276	Evidence on appeal 
In an appeal, the Supreme Court must have regard to the evidence given in the proceeding in the Magistrates Court out of which the appeal arose, and has power to draw inferences of fact and, in its discretion, to receive further evidence.

Chapter 4A	The Childrens Court
Part 4A.1	The Childrens Court
287	Childrens Court 
	(1)	The Magistrates Court is known as the Childrens Court when it is constituted by the Childrens Court Magistrate exercising the jurisdiction given under section 288.
	(2)	The Magistrates Court is also known as the Childrens Court when it is constituted by—
	(a)	a magistrate assigned under section 291C (Assignment of other magistrates for Childrens Court matters) who is exercising the jurisdiction given under section 288; or
	(b)	a magistrate acting under section 291D (2) (Completion of part-heard matters).
	(3)	The Childrens Court may use the Magistrates Court seal.
288	Jurisdiction of Childrens Court 
	(1)	The Childrens Court has jurisdiction to hear and decide—
	(a)	any criminal proceeding against a person in relation to a summary offence if the person was under 18 years old at the time of the alleged offence; and
	(b)	any criminal proceeding against a person in relation to an indictable offence (other than an offence punishable by imprisonment for life) if the person was under 18 years old at the time of the alleged offence; and
	(c)	a proceeding in relation to bail for a child; and
	(d)	any application or other proceeding under the Children and Young People Act 2008, including a proceeding transferred to the court under the Children and Young People Act 2008, chapter 17 (Care and protection—interstate transfer of orders and proceedings); and
	(e)	if a child and an adult are jointly charged with an offence—the proceeding against the child and the proceeding against the adult that arise out of the charge.
	(2)	Subsection (1) (b) is subject to the Crimes Act 1900, section 374 (Summary disposal of certain cases at prosecutor’s election) and section 375 (Summary disposal of certain cases).
	(3)	Subsection (1) (c) is subject to the Bail Act 1992.
289	Procedure for proceedings where children jointly charged with adults
	(1)	If section 288 (1) (e) applies, a magistrate may, considering the nature of the alleged offence and the time and expense involved in carrying out hearings for the offence separately, order that the hearing for the offence against the child and the adult be heard together.
Note	Section 288 (1) (e) applies if a child and an adult are jointly charged with an offence.
	(2)	Subsection (1) does not affect the operation of the Court Procedures Act 2004, part 7A (Procedural provisions—proceedings involving children or young people) in relation to the child.
	(3)	To remove any doubt, the Court Procedures Act 2004, part 7A (Procedural provisions—proceedings involving children or young people) applies to a proceeding against a child even if the proceeding arises out of an offence for which the child and an adult were jointly charged.
290	Chief Magistrate to arrange business of Childrens Court 
	(1)	The Chief Magistrate is responsible for ensuring the orderly and prompt discharge of the business of the Childrens Court.
	(2)	The Chief Magistrate may, subject to appropriate and practicable consultation with the magistrates, make arrangements about—
	(a)	the magistrate who is to be the Childrens Court Magistrate; and
	(b)	the assignment of a magistrate under—
	(i)	section 291B (Acting Childrens Court Magistrate); or
	(ii)	section 291C (Assignment of other magistrates for Childrens Court matters).
291	Childrens Court Magistrate to hear all matters 
	(1)	The Childrens Court Magistrate is responsible for dealing with all matters within the jurisdiction of the Childrens Court.
	(2)	Subsection (1) is subject to—
	(a)	section 291C (Assignment of other magistrates for Childrens Court matters); and
	(b)	section 291D (Completion of part-heard matters).
	(2)	Also, subsection (1) does not prevent a magistrate other than the Childrens Court Magistrate from exercising—
	(a)	a function or power given to a magistrate under a provision of the Children and Young People Act 2008; or
	(b)	a power given to a magistrate under a territory law to admit a child or young person to bail under the Bail Act 1992 or to remand a child or young person in custody.

Part 4A.2	Childrens Court Magistrate
291A	Childrens Court Magistrate 
	(1)	The Chief Magistrate must declare 1 magistrate to be the Childrens Court Magistrate for a stated term of not longer than 2 years.
	(2)	The Chief Magistrate may declare himself or herself to be the Childrens Court Magistrate.
	(3)	The Chief Magistrate must not declare a magistrate to be the Childrens Court Magistrate unless satisfied the magistrate is suitably qualified to be the Childrens Court Magistrate.
	(4)	The Chief Magistrate must revoke a declaration under this section if asked by the Childrens Court Magistrate.
	(5)	A declaration, or revocation, under this section is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
291B	Acting Childrens Court Magistrate 
	(1)	The Chief Magistrate may assign a magistrate to act as Childrens Court Magistrate only if—
	(a)	there is no Childrens Court Magistrate; or
	(b)	the Childrens Court Magistrate—
	(i)	is absent from duty or from the ACT; or
	(ii)	cannot exercise the functions of the Childrens Court Magistrate for another reason.
	(2)	A magistrate assigned to act as Childrens Court Magistrate is the Childrens Court Magistrate for this Act and any other Act.
291C	Assignment of other magistrates for Childrens Court matters 
	(1)	The Chief Magistrate may assign another magistrate to deal with a matter if the Childrens Court Magistrate is unable to deal with the matter—
	(a)	without delay that is likely to prejudice the wellbeing of a child or young person; or
	(b)	because of a conflict of interest, or a perceived conflict of interest.
	(2)	A magistrate may be assigned under subsection (1) (a) only if the Chief Magistrate is satisfied the assignment is necessary having regard to—
	(a)	how the delay is likely to prejudice the child’s or young person’s wellbeing; and
	(b)	the principle in the Children and Young People Act 2008, section 8 that in making a decision under that Act in relation to a particular child or young person, the decision-maker must regard the best interests of the child or young person as the paramount consideration; and
	(c)	the degree of urgency of the matter to be dealt with by the assigned magistrate; and
	(d)	the views and wishes (if any) of the Childrens Court Magistrate on the proposed assignment.
	(3)	This section is in addition to, and does not limit, section 291B (Acting Childrens Court Magistrate).
291D	Completion of part-heard matters 
	(1)	This section applies if—
	(a)	a magistrate begins to deal with a Childrens Court matter under this chapter; and
	(b)	before the matter is finally decided, the magistrate ceases to—
	(i)	be the Childrens Court Magistrate; or
	(ii)	hold an assignment under section 291B or section 291C.
	(2)	The magistrate may continue to deal with the matter until it is finally decided.

Part 4A.3	Criminal proceedings
291E	Procedures for hearing indictable offences 
	(1)	This section applies if—
	(a)	a child charged with an indictable offence is brought before the Childrens Court; and
	(b)	the court—
	(i)	has no power to hear and decide the charge summarily; or
	(ii)	has the power to hear and decide the charge summarily, but decides not to.
	(2)	The Childrens Court must deal with the charge as if—
	(a)	the charge were a charge for an indictable offence to which this Act applied; and
	(b)	the Childrens Court were the Magistrates Court; and
	(c)	any necessary changes were made.
291F	Childrens Court may adjourn hearings to allow access to legal advice 
	(1)	This section applies to a charge for an indictable offence against a child that the Childrens Court is hearing summarily.
	(2)	The court may, at any time, adjourn the hearing to allow any of the following people to get legal advice:
	(a)	the child;
	(b)	a parent of the child;
	(c)	someone else who has daily care responsibility, or long-term care responsibility, for the child.
	(3)	In this section:
daily care responsibility—see the Children and Young People Act 2008, section 19. 
long-term care responsibility—see the Children and Young People Act 2008, section 20.
291G	Childrens Court may send cases to Supreme Court for sentencing 
	(1)	This section applies if the Childrens Court convicts a person of an indictable offence.
	(2)	The Childrens Court may, by order, commit the person to the Supreme Court for sentence if satisfied that—
	(a)	sentence should be passed on the person by the Supreme Court because of the character and history of the person; or
	(b)	the sentence that is likely to be appropriate is a sentence the Childrens Court does not have power to impose. 
	(3)	In deciding whether to make an order under subsection (2) (a), the Childrens Court must consider any report provided under the Court Procedures Act 2004, section 74D (Court may order report about young person).
	(4)	If the Childrens Court makes an order under subsection (2), the Supreme Court may deal with the person as if the person had been convicted of the offence in the Supreme Court.
	(5)	Also, if the Childrens Court makes an order under subsection (2), the Childrens Court must, if the person has been charged with a back-up or related offence, deal with the back-up or related offence in accordance with section 94 (2) (Discharge or committal for trial) in the same way as a person who is committed for trial under that section.

Chapter 4B 	The Family Violence Court
Part 4B.1	Preliminary
291H	Meaning of domestic violence offence
In this Act:
domestic violence offence means an offence—
	(a)	that is a domestic violence offence under the Domestic Violence and Protection Orders Act 2008; and
	(b)	for which a victim of the offence is a relevant person, under that Act, in relation to the person who committed the offence.
Note 1	Domestic violence offence—see the Domestic Violence and Protection Orders Act 2008, s 13 (2).
Note 2	Relevant person—see the Domestic Violence and Protection Orders Act 2008, s 15.
291I	Purpose—ch 4B
The purpose of this chapter is to establish a specialised court to deal with domestic violence offences, recognising that—
	(a)	the nature of domestic violence and the particular needs involved in protecting victims is complex; and
	(b)	great social harm results from domestic violence; and
	(c)	domestic violence offences take place in the context of a special relationship between people.
Part 4B.2	The Family Violence Court
291J	Family Violence Court 
	(1)	The Magistrates Court is known as the Family Violence Court when it is exercising the jurisdiction of the Magistrates Court in relation to a proceeding mentioned in section 291K.
	(2)	The Family Violence Court may use the Magistrates Court seal.
	(3)	When a magistrate sits as the Family Violence Court, the magistrate may be referred to as the Family Violence Court Magistrate.
	(4)	The Chief Magistrate is responsible for ensuring the orderly and prompt discharge of the business of the Family Violence Court.
291K	Jurisdiction of Family Violence Court 
	(1)	The Family Violence Court may exercise the jurisdiction of the Magistrates Court in relation to the following:
	(a)	any criminal proceeding against a person in relation to a summary domestic violence offence if the person was 18 years old or over at the time of the alleged offence; 
	(b)	any criminal proceeding against a person in relation to an indictable domestic violence offence if the person was 18 years old or over at the time of the alleged offence; 
	(c)	a proceeding in relation to bail for an adult charged with a domestic violence offence; 
	(d)	a proceeding in relation to a breach of a sentence imposed by the Magistrates Court or the Family Violence Court on a person for a domestic violence offence.
	(2)	Subsection (1) (b) is subject to the Crimes Act 1900, section 374 (Summary disposal of certain cases at prosecutor’s election) and section 375 (Summary disposal of certain cases).
	(3)	Subsection (1) (c) is subject to the Bail Act 1992.
Chapter 4C	Galambany Court
    
291L	Definitions—ch 4C
In this chapter:
Aboriginal or Torres Strait Islander offender means an offender who—
	(a)	is a descendant of an Aboriginal or Torres Strait Islander person; and
	(b)	identifies as an Aboriginal or Torres Strait Islander person; and
	(c)	is accepted as an Aboriginal or Torres Strait Islander person by an Aboriginal or Torres Strait Islander community.
circle sentencing means the step in a sentencing proceeding for an Aboriginal or Torres Strait Islander offender that includes members of the Aboriginal or Torres Strait Islander community.
291M	Galambany Court
The Magistrates Court is known as the Galambany Court when it is sitting to provide circle sentencing.
291N	Directions about procedure for Galambany Court
	(1)	The Magistrates Court may give a direction in relation to the procedure to be followed in relation to circle sentencing for certain Aboriginal or Torres Strait Islander offenders, and any other relevant matter in relation to circle sentencing.
	(2)	To remove any doubt, a direction mentioned in subsection (1) is not taken to limit the Magistrates Court’s discretion in sentencing an offender.
	(3)	Nothing in this section limits the Magistrates Court’s power to give a direction under section 309 (Directions about procedure).

Chapter 4D	The Industrial Court
Part 4D.1	Preliminary
291O	Definitions—ch 4D
In this chapter:
industrial or work safety matter—see section 291Q (1).
industrial or work safety offence means an offence under an Act mentioned in section 291Q (1) (a).

Part 4D.2	The Industrial Court
291P	Industrial Court
	(1)	The Magistrates Court is known as the Industrial Court when it is constituted by the Industrial Court Magistrate exercising the jurisdiction given under section 291Q.
	(2)	The Magistrates Court is also known as the Industrial Court when it is constituted by—
	(a)	a magistrate assigned under section 291W (Assignment of other magistrates for Industrial Court matters) who is exercising the jurisdiction given under section 291Q; or
	(b)	a magistrate acting under section 291X (2) (Industrial Court—completion of part-heard matters).
	(3)	The Industrial Court may use the Magistrates Court seal.
291Q	Jurisdiction of Industrial Court
	(1)	The Industrial Court has jurisdiction to hear and decide the following (an industrial or work safety matter):
	(a)	a proceeding under the following Acts:
	(i)	the Dangerous Substances Act 2004;
	(ii)	the Machinery Act 1949;
	(iii)	the Scaffolding and Lifts Act 1912;
	(iv)	the Workers Compensation Act 1951;
	(v)	the Work Health and Safety Act 2011;
	(vi)	the Workplace Privacy Act 2011;
	(b)	a proceeding that an Act states must be heard and decided by the Industrial Court;
	(c)	a personal action at law arising from substantially the same facts that form the basis of a proceeding mentioned in paragraph (a) or (b) before the court.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
	(2)	The Industrial Court may exercise the jurisdiction of the Magistrates Court in relation to the following:
	(a)	any criminal proceeding in relation to an industrial or work safety offence that is a summary offence against a person, if the person was an adult at the time of the alleged offence;
	(b)	any criminal proceeding in relation to an industrial or work safety offence that is an indictable offence against a person, if the person was an adult at the time of the alleged offence;
	(c)	a proceeding in relation to bail for an adult charged with an industrial or work safety offence;
	(d)	a proceeding in relation to a breach of a sentence imposed by the Magistrates Court for an industrial or work safety offence.
	(3)	Subsection (2) (b) is subject to the Crimes Act 1900, section 374 (Summary disposal of certain cases at prosecutor’s election) and section 375 (Summary disposal of certain cases).
	(4)	Subsection (2) (c) is subject to the Bail Act 1992.
	(5)	The Industrial Court may exercise the jurisdiction of the Magistrates Court in relation to any industrial or work safety matter.
	(6)	This section applies—
	(a)	for a civil proceeding—to an industrial or work safety matter commenced after the commencement of the Magistrates Court (Industrial Proceedings) Amendment Act 2013; and
	(b)	for a criminal proceeding—to a prosecution for an industrial or work safety offence commenced after the commencement of the Magistrates Court (Industrial Proceedings) Amendment Act 2013.
	(7)	In this section:
proceeding, under an Act mentioned in subsection (1) (a)—
	(a)	includes arbitration; but
	(b)	does not include a matter that may be brought before the ACAT under the Act.
291R	Chief Magistrate to arrange business of Industrial Court
	(1)	The Chief Magistrate is responsible for allocating, and ensuring the orderly and prompt discharge of, the business of the Industrial Court.
	(2)	The Chief Magistrate may, subject to appropriate and practicable consultation with the magistrates, make arrangements about—
	(a)	the magistrate who is to be the Industrial Court Magistrate; and
	(b)	the assignment of a magistrate under—
	(i)	section 291V (Acting Industrial Court Magistrate); or
	(ii)	section 291W (Assignment of other magistrates for Industrial Court matters).
291S	Industrial Court Magistrate to hear all matters
	(1)	The Industrial Court Magistrate is responsible for dealing with all matters before the Industrial Court.
	(2)	Subsection (1) is subject to—
	(a)	section 291W (Assignment of other magistrates for Industrial Court matters); and
	(b)	section 291X (Industrial Court—completion of part-heard matters).
291T	Transfer of industrial or work safety matter to Supreme Court
	(1)	If a party to an industrial or work safety matter (a matter) applies to have the matter transferred to the Supreme Court, the Industrial Court may, if it considers it appropriate, order that the matter be transferred to the Supreme Court.
	(2)	If the parties to a matter jointly apply to have the matter transferred to the Supreme Court, the Industrial Court must order that the matter be transferred to the Supreme Court.
	(3)	If the Industrial Court considers that a matter would be more appropriately dealt with by the Supreme Court, the Industrial Court may order that the matter be transferred to the Supreme Court.
	(4)	This section does not apply to a proceeding mentioned in section 291Q (2).

Part 4D.3	Industrial Court Magistrate
291U	Industrial Court Magistrate
	(1)	The Chief Magistrate must declare 1 magistrate to be the Industrial Court Magistrate for a stated term of not longer than 4 years.
	(2)	The Chief Magistrate may declare himself or herself to be the Industrial Court Magistrate.
	(3)	The Chief Magistrate must not declare a magistrate to be the Industrial Court Magistrate unless satisfied the magistrate is suitably qualified to be the Industrial Court Magistrate.
	(4)	The Chief Magistrate must revoke a declaration under this section if asked by the Industrial Court Magistrate.
	(5)	A declaration, or revocation, under this section is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
291V	Acting Industrial Court Magistrate
	(1)	The Chief Magistrate may assign a magistrate to act as Industrial Court Magistrate only if—
	(a)	there is no Industrial Court Magistrate; or
	(b)	the Industrial Court Magistrate—
	(i)	is absent from duty or from the ACT; or
	(ii)	cannot exercise the functions of the Industrial Court Magistrate for another reason.
	(2)	A magistrate assigned to act as Industrial Court Magistrate is the Industrial Court Magistrate for this Act and any other Act.
291W	Assignment of other magistrates for Industrial Court matters
	(1)	The Chief Magistrate may assign another magistrate to deal with an industrial or work safety matter if—
	(a)	the Chief Magistrate is satisfied that—
	(i)	a perception of bias may arise if the Industrial Court Magistrate were to deal with the matter; or
	(ii)	it is in the interests of justice to do so; or
	(b)	a magistrate begins to deal with the matter under this chapter but before the matter is finally decided, the magistrate—
	(i)	dies; or
	(ii)	becomes mentally or physically incapacitated, if the incapacity substantially affects the exercise of the magistrate’s functions; or
	(iii)	resigns; or
	(iv)	is otherwise unable to continue to deal with the matter.
	(2)	This section is in addition to, and does not limit, section 291V (Acting Industrial Court Magistrate).
291X	Industrial Court—completion of part-heard matters
	(1)	This section applies if—
	(a)	a magistrate begins to deal with an Industrial Court matter under this chapter; and
	(b)	before the matter is finally decided, the magistrate ceases to—
	(i)	be the Industrial Court Magistrate; or
	(ii)	hold an assignment under section 291V or section 291W.
	(2)	The magistrate may continue to deal with the matter until it is finally decided.

Chapter 5	Miscellaneous
Part 5.1	Offences
292	Failure to comply with order in nuisance action 
A person must not contravene an order made by the court in a civil action for nuisance.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
298	Prejudice to employee
	(1)	An employer must not dismiss an employee, or otherwise prejudice an employee in his or her employment, because a garnishee order attaching the earnings of the employee has been made by the court.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	If—
	(a)	an employee is dismissed or prejudiced within 6 months after a garnishee order is made; and
	(b)	all the elements of the offence other than the reason for the employer’s action are proved;
the onus of proving that the dismissal or prejudice was not because of the garnishee order is on the employer.
	(3)	A conviction under subsection (1) does not limit, restrict or otherwise effect any obligation that the garnishee may have in relation to the judgment debtor or any right or remedy that the judgment debtor may have against the garnishee under any other law in force in the ACT.

Part 5.2	Other
307	Contempt of court
	(1)	A person is in contempt of the Magistrates Court if the person—
	(a)	contravenes an order of the court or an undertaking given to the court; or
	(b)	commits a contempt in the face or in the hearing of the court; or
	(c)	commits any other contempt of court.
Examples—par (b)
1	insulting a magistrate, the registrar, deputy registrar, bailiff or other court officer during the officer’s sitting or attendance in court
2	interrupting a proceeding of the court or misbehaving in court
3	obstructing or assaulting someone in attendance in court
4	disobeying a direction of the court at the hearing of a proceeding
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The Magistrates Court has the same power to deal with contempt of the Magistrates Court as the Supreme Court has to deal with contempt of the Supreme Court.
	(3)	However, a contempt mentioned in subsection (1) (a) may be dealt with as a contempt of court only if there is no other effective way to enforce the order or undertaking.
	(4)	To remove any doubt, this section does not limit the Supreme Court’s power to deal with contempt of the Magistrates Court.
308	Magistrates Court’s seal
The Magistrates Court must have a seal.
309	Directions about procedure
If the procedure for taking a step in a proceeding is not set out in this Act or the law under which the step is to be taken, the court may give a direction in relation to—
	(a)	the procedure to be followed in relation to the step; and
	(b)	any other relevant matter in relation to the step.
Note	The Magistrates Court may make procedures to be followed in relation to circle sentencing for certain Aboriginal or Torres Strait Islander offenders (see s 291N).
310	Hearings generally to be in public
	(1)	The hearing of a proceeding before the Magistrates Court must be in public.
	(2)	However, if the magistrate presiding at a hearing is of the opinion that it is desirable in the public interest or in the interests of justice to do so, the magistrate may, by order—
	(a)	direct that the hearing or part of the hearing take place in private and give directions about the people who may be present; and
	(b)	give directions prohibiting or restricting the publication of evidence given at the hearing, whether in public or in private, or of matters contained in documents lodged with the court or received in evidence by the court for the purposes of the proceeding; and
	(c)	give directions prohibiting or restricting the disclosure to some or all of the parties to the proceeding of evidence given at the hearing, or of a matter contained in a document lodged with the court or received in evidence by the court for the purposes of the proceeding.
	(3)	A person who, without reasonable excuse, contravenes an order under subsection (2) commits an offence.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(4)	Subsection (1)—
	(a)	does not apply in relation to a civil matter that, under another territory law, may be dealt with otherwise than in open court; and
	(b)	is subject to any other territory law that restricts who may be present at a hearing.
311	Appearance by audiovisual or audio links etc
	(1)	This section applies if, in relation to a proceeding or a part of a proceeding (the relevant proceeding), the court has—
	(a)	given 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 place other than participating State); or
	(b)	made an order under the Court Procedures Rules 2006, rule 6703 (Evidence by telephone etc) about receiving evidence or submissions by telephone, video link or another form of communication in the proceeding.
	(2)	If this section applies, a person who, in a relevant proceeding—
	(a)	is required or entitled to appear personally, whether as a party or as a witness; or
	(b)	is entitled to appear for another person;
may appear in the relevant proceeding and participate or give evidence in accordance with the direction or order.
	(3)	A person who appears in a relevant proceeding in accordance with this section is taken to be before the court.
	(4)	In this Act:
appearance, in relation to a proceeding and whether by a party or anyone else, includes appearance in accordance with this section if this section applies.
	(5)	In this section:
proceeding does not include a proceeding about bail.
312	Failure to give evidence—committal
	(1)	This section applies if the court is satisfied—
	(a)	that a witness before the court has contravened any of the following provisions of the Criminal Code (the relevant Code provisions):
	(i)	section 720 (Failing to produce document or other thing);
	(ii)	section 721 (Failing to take oath);
	(iii)	section 722 (Failing to answer question or give information); or
	(b)	a person has contravened any of the relevant Code provisions in relation to an examination before the registrar under the rules.
	(2)	The court may—
	(a)	adjourn the proceeding for not longer than 8 days; and
	(b)	order that the person be remanded in custody until the earlier of the following:
	(i)	the date to which the proceeding is adjourned;
	(ii)	the person agrees to comply with the relevant Code provisions.
Note	The court must issue a warrant for the remand of the person in the director‑general’s custody (see Crimes (Sentence Administration) Act 2005, s 17).
	(3)	If—
	(a)	the court has adjourned the proceeding, and ordered the person’s remand, under subsection (2) or this subsection; and
	(b)	the person is later brought before the court; and
	(c)	the person does not consent to comply with the relevant Code provisions;
the court may exercise the powers mentioned in subsection (2) in relation to the person.
	(4)	The periods for which a person is remanded under this section must not total more than 28 days.
	(5)	However, the court must not commit a person under subsection (2) or (3) if the person is punished for an offence against any or the relevant Code provisions in relation to the contravention mentioned in subsection (1).
314	Registrar to give directions for preparation of transcript
	(1)	If an application has been made for a copy of a transcript of depositions of which a record was made in accordance with section 316 (2), the registrar must give the directions the registrar considers necessary for ensuring that a transcript of the record is prepared and, for the purpose of enabling the transcript to be prepared, the record must be produced out of the custody of the registrar.
	(2)	If a transcript of a record is prepared in accordance with directions given under subsection (1), the person who prepared the transcript, or under whose supervision the transcript was prepared, must certify on the transcript, by signed writing, that the transcript is a true transcript of a record produced out of the custody of the registrar.
315	Applications for transcripts
	(1)	Subject to this section, if a record of any proceeding is constituted by—
	(a)	an audiovisual or a sound recording made in accordance with section 316 (2); or
	(b)	a shorthand or similar record made in accordance with section 316 (2); or
	(c)	writing taken down in accordance with section 316 (3); or
	(d)	a written statement or statements in accordance with section 90AA or section 110 (2);
a person may make application to the registrar for a copy or a transcript of all or part of the record.
	(2)	The registrar must give the applicant a copy of the record or a transcript or a copy of the transcript of the record if—
	(a)	the applicant is a party to the proceeding; or
	(b)	for an applicant who is not a party to the proceeding—the registrar or a magistrate is satisfied that the applicant has good reason for applying.
	(3)	If a person applies for a transcript that has not been prepared, the registrar may require the applicant to deposit with the registrar in advance an amount that the registrar considers will not exceed the amount of the fee determined under the Court Procedures Act 2004, part 3 for the preparation of the transcript.
	(4)	Subject to subsections (5) and (6), if the registrar receives an application in accordance with this section—
	(a)	the registrar must, for an application relating to depositions; and
	(b)	the registrar may, in any other case;
give to the applicant a copy of the record or a copy of a transcript of the record relating to the depositions or other matter.
	(5)	The registrar must not give a copy of the record or a copy of a transcript under subsection (4) (a) unless there is written on the copy a certificate signed by the registrar stating that the copy is a true copy of the record or a true copy of a transcript of the record produced out of the custody of the registrar.
	(6)	This section does not require the registrar to give a copy of a transcript of any proceeding if—
	(a)	the proceeding was recorded by means of an audiovisual or a sound recording made in accordance with section 316 (2); and
	(b)	the application for the copy was made after the end of 7 years after the date of completion of the proceeding to which the record relates; and
	(c)	the registrar does not have the record or a transcript of the record in his or her custody.
	(7)	If an amount deposited by a person under subsection (3) exceeds the fee determined under the Court Procedures Act 2004, part 3 for the preparation of the transcript, there is payable to the person the amount of the excess.
316	Record of proceedings
	(1)	In this section:
deposition includes a statement made by an accused person in reply to the question mentioned in section 91 (1), but does not include a written statement admitted under section 90AA or section 110 (2).
	(2)	Subject to subsection (3), a record of the depositions of a witness in any proceeding must be made—
	(a)	in a proceeding in relation to bail and if, in relation to proceeding or a part of the proceeding, the court has given 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 place other than participating State) that evidence be taken or a submission be made by audiovisual link—by means of audiovisual recording apparatus or sound-recording apparatus; and
	(b)	in any other case—
	(i)	by means of sound-recording apparatus; or
	(ii)	if the court so directs, by means of shorthand or any similar means.
	(3)	If the court so directs, the depositions of a witness in any proceeding must not be recorded in accordance with subsection (2), but must be taken down in writing, and, after being read over to the witness or given to the witness to read, signed by the witness and the magistrate constituting the court.
	(4)	The registrar has the custody of any record of depositions made in accordance with subsection (2).
	(5)	The registrar may erase the record of the depositions of a witness recorded by means of recording apparatus and the record of any other part of a proceeding made by means of recording apparatus after the end of 7 years after the date of completion of the proceeding in which the record was made.
	(6)	However, the sound recording of any part of the following proceedings must not be erased unless a transcript of the record of that part of the proceeding has been prepared:
	(a)	a proceeding in which a person charged with an indictable offence is committed to trial before the Supreme Court;
	(b)	a proceeding in which evidence is taken under a request mentioned in section 263 (Requests under conventions relating to legal proceedings in civil and commercial matters).
	(7)	This section applies in relation to a proceeding before a magistrate as if a reference to the court were a reference to a magistrate.
317	Record of proceedings and transcript
	(1)	If a record made by means of recording apparatus, shorthand or similar means is produced out of the custody of the registrar and the record purports to be a record made in accordance with section 316 (2) of the depositions of a witness in any proceeding, the record is evidence that the person made the depositions in the proceeding.
	(2)	If—
	(a)	a recording is produced out of the custody of the registrar; and
	(b)	the recording contains a record of comments that purport—
	(i)	to have been made at the same time as a recording made in accordance with section 316 (2) of the depositions of a person in any proceeding; and
	(ii)	to have been made for the purpose of identifying the proceeding, voices recorded on the lastmentioned recording or anything else so recorded;
the firstmentioned recording is evidence of the identity of the proceeding, of the voices or of the thing.
	(3)	If—
	(a)	a document purports to be a transcript, or a copy of a transcript, of a record made in accordance with section 316 (2) of depositions made by a person in any proceeding; and
	(b)	the document bears a certificate that purports to be a certificate given in accordance with section 314 (2) or section 315 (5);
the document is evidence that the person made the depositions in the proceeding.
	(4)	If a document—
	(a)	purports to be the depositions of a witness in any proceeding as taken down in writing and signed in accordance with section 316 (3); or
	(b)	purports to be a copy of the depositions of a witness in any proceeding as so taken down in writing and signed and bears a certificate that purports to be a certificate given in accordance with section 315 (5);
the document is evidence that the witness made the depositions in the proceeding.
	(5)	In this section:
recording apparatus means the recording apparatus, whether audiovisual or sound, by means of which a record of depositions of witnesses has been made under section 316 (2).
318	Person about to leave ACT may be ordered to be examined or produce documents
	(1)	If, by evidence on oath, a magistrate is satisfied that any person is able to give material evidence or to produce relevant or material documents relating to any information or claim pending before a court, and that the person is likely to be absent from the ACT when the case comes on for hearing, the magistrate may, on the application of any party, order that the evidence of the person be taken or the documents be produced before the magistrate, at any time before the hearing, in the same way as the evidence would be taken or the documents be produced at the hearing and after reasonable notice of the intended examination or production is given to the other party.
	(2)	If an order under subsection (1) is served on a person, it must be accompanied by a form to be completed by the person to claim his or her reasonable costs and expenses of attending the examination or production.
	(3)	A person is not entitled to refuse to comply with an order under subsection (1) because the person was not given the form mentioned in subsection (2) when the order was served on the person.
	(4)	The taking of depositions before a magistrate under subsection (1) is a proceeding for section 316 (Recordings of proceedings).
319	Witnesses’ rights and liabilities
On service on any person of an order made under section 318, the person must attend at the time and place appointed by the order, and has all the rights and liabilities that the person would have if the person was duly required by subpoena to appear to give evidence or to produce documents on the hearing.
320	Depositions to be given to registrar
	(1)	If depositions are taken before a magistrate under section 318, there must be given to the registrar—
	(a)	the record of the depositions made in accordance with section 316 (2) or the document containing the depositions as taken down in writing and signed in accordance with section 316 (3); and
	(b)	any documents produced to the magistrate.
	(2)	If documents are produced by a person not giving evidence, the documents, must, when given to the registrar, be accompanied by a certificate signed by the magistrate stating the name of the person producing them.
	(3)	If the court is satisfied that the person who made the depositions is not in the ACT, his or her depositions may be read by any party.
	(4)	Any documents so given to the registrar may, subject to all just exceptions, be put in at the hearing as if produced at the hearing by the person producing them.
320A	Domestic violence offence information
	(1)	The Minister may determine what statistical information in relation to domestic violence offences (the domestic violence offence information) must be collected by the registrar. 
	(2)	The registrar must give the domestic violence offence information for a financial year to the domestic violence project coordinator by 31 July in the following financial year.
	(3)	The registrar must also give the coordinator domestic violence offence information otherwise requested, in writing, by the coordinator.
	(4)	A determination is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(5)	In this section:
domestic violence project coordinator means the Domestic Violence Project Coordinator appointed under the Domestic Violence Agencies Act 1986, section 11. 
321	Regulation-making power
The Executive may make regulations for this Act.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Schedule 1	Oath and affirmation of office
    
(see s 10P)
Oath
I, [name], do swear that I will well and truly serve in the office of
and that I will do right to all manner of people according to law, without fear or favour, affection or ill will.  So help me God!
Affirmation
I, [name], do solemnly and sincerely affirm and declare that I will well and truly serve in the office of                                       and that I will do right to all manner of people, according to law, without fear or favour, affection or ill will.

Schedule 2	ACT and corresponding courts
(see s 9C, defs ACT court and corresponding court)

column 1
item	column 2
ACT court	column 3
corresponding court	
1	Childrens Court
Coroner’s Court
Industrial Court
Magistrates Court	Children’s Court of Western Australia
Coroners Court of South Australia
Local Court of New South Wales
Local Court of the Northern Territory
Magistrates Courts of South Australia, Tasmania, Victoria and Western Australia
Warden’s Courts of South Australia and the Northern Territory
Work Health Court of the Northern Territory
Youth Court of South Australia (constituted by a Magistrate)
Youth Justice Court of the Northern Territory	

Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, pt 1 defines the following terms:
·	ACAT
·	ACT
·	adult
·	Attorney-General
·	child
·	correctional centre
·	Commonwealth
·	Criminal Code
·	director-general (see s 163)
·	director of public prosecutions
·	disallowable instrument (see s 9)
·	document
·	Executive
·	exercise, a function
·	external territory
·	fail
·	file
·	function
·	home address
·	individual
·	in relation to
·	instrument (see s 14)
·	judge
·	lawyer
·	may (see s 146)
·	month
·	must
·	notifiable instrument (see s 10)
·	NSW correctional centre
·	oath
·	parent
·	penalty unit (see s 133)
·	police officer
·	prescribed
·	proceeding
·	sign
·	summary offence (see s 190)
·	territory law
·	under.
Aboriginal or Torres Strait Islander offender, for chapter 4C (Galambany Court)—see section 291L.
ACT court, for division 2.2.3A (Judicial officers exchange)—see section 9C.
administering authority, for an infringement notice offence, for part 3.8 (Infringement notices for certain offences)—see section 117.
another jurisdiction, for part 3.8 (Infringement notices for certain offences)—see section 117.
appeal, for part 4.5 (Civil appeals)—see section 272.
appearance—see section 311 (4).
authorised person—
	(a)	for division 3.3.3A (Court attendance notices)—see section 41A; and
	(b)	for part 3.8 (Infringement notices for certain offences)—see section 134A (3).
back-up offence, in relation to an indictable offence––see the Supreme Court Act 1933, section 68CA.
bailiff means a bailiff under this Act.
certified copy, of depositions, for division 3.5.6 (Indictable offences—other provisions)—see section 105A.
circle sentencing, for chapter 4C (Galambany Court)—see section 291L. 
claim means a claim under the rules.
committal order—see the Crimes (Sentence Administration) Act 2005, section 10.
conviction—
	(a)	means conviction by a magistrate for an offence; and
	(b)	for division 3.9.3 (Reciprocal enforcement of fines against bodies corporate)—see section 166A.
corresponding court, for division 2.2.3A (Judicial officers exchange)—see section 9C.
court means the Magistrates Court.
court, for division 2.2.3A (Judicial officers exchange)—see section 9C.
court attendance notice, for division 3.3.3A (Court attendance notices)—see section 41B.
Crimes Act, for chapter 3 (Criminal proceedings)—see section 18A.
date of service, of an infringement notice or reminder notice that has been, or is to be, served on a person, for part 3.8 (Infringement notices for certain offences)—see section 117.
decision, for chapter 3 (Criminal proceedings)—see section 18A.
defendant—
	(a)	for chapter 3 (Criminal proceedings)—see section 18A; and
	(b)	for part 3.7 (Service and pleading by post for certain offences)—see section 116A (1).
domestic violence offence—see section 291H.
driver, of a vehicle, for part 3.8 (Infringement notices for certain offences)—see section 117.
fine, for division 3.9.3 (Reciprocal enforcement of fines against bodies corporate)—see section 166A. 
hearing includes the examination of a person charged with an indictable offence.
illegal user declaration, for part 3.8 (Infringement notices for certain offences)—see section 131D.
indictable offence means an offence that may be prosecuted before the Supreme Court by charge or indictment.
indictment means an information for an indictable offence presented by an authorised officer to a court with jurisdiction to try the accused person.
industrial or work safety matter, for chapter 4D (The Industrial Court)—see section 291Q (1).
industrial or work safety offence, for chapter 4D (The Industrial Court)—see section 291O.
information includes a complaint brought to enforce a criminal penalty or forfeiture under a territory law.
infringement notice—
	(a)	for part 3.8 (Infringement notices for certain offences)—see section 117; and
	(b)	for division 3.8.3 (Additional provisions for vehicle-related offences)—see section 131A.
infringement notice offence, for part 3.8 (Infringement notices for certain offences)—see section 117.
infringement notice penalty, for a person for an infringement notice offence, for part 3.8 (Infringement notices for certain offences)—see section 117.
judicial exchange arrangement, for division 2.2.3A (Judicial officers exchange)—see section 9C.
judicial officer, for division 2.2.3A (Judicial officers exchange)—see section 9C.
known offender declaration, for part 3.8 (Infringement notices for certain offences)—see section 131E.
law in force in the ACT, for part 3.7 (Service and pleading by post for certain offences)—see section 116A (1).
magistrate—
	(a)	means the Chief Magistrate, a magistrate, or a special magistrate and, if a function of a magistrate is exercisable by a registrar, includes a registrar exercising the function; and
	(b)	for division 2.2.1 (Magistrates other than special magistrates)—see section 6.
notice of intention to defend form, for part 3.7 (Service and pleading by post for certain offences) (other than section 116B (2))—see section 116A (2).
notice to defendant form, for part 3.7 (Service and pleading by post for certain offences) (other than section 116B (2))—see section 116A (2).
participating jurisdiction, for division 2.2.3A (Judicial officers exchange)—see section 9C.
plea of guilty form, for part 3.7 (Service and pleading by post for certain offences) (other than section 116B (2))—see section 116A (2).
prescribed offence, for part 3.7 (Service and pleading by post for certain offences)—see section 116AA.
prescribed period, for division 3.4.2 (Warrants for witnesses)—see section 62.
reciprocating court, for division 3.9.3 (Reciprocal enforcement of fines against bodies corporate)—see section 166A.
reference appeal, for division 3.10.2A (Reference appeals in criminal matters)—see section 219AB (2).
registered, for a vehicle, for part 3.8 (Infringement notices for certain offences)—see section 117.
registrar means the registrar of the Magistrates Court, and includes a deputy registrar of the court.
related offence, in relation to an indictable offence––see the Supreme Court Act 1933, section 68CA.
relevant officer, in relation to a reciprocating court, for division 3.9.3 (Reciprocal enforcement of fines against bodies corporate)—see section 166A.
reminder notice, for part 3.8 (Infringement notices for certain offences)—see section 117.
reporting officer, for division 3.4.2 (Warrants for witnesses)—see section 62.
responsible person, for a vehicle, for part 3.8 (Infringement notices for certain offences)—see the Road Transport (General) Act 1999, section 10 and section 11.
review appeal, for division 3.10.3 (Review appeals in criminal matters)—see section 219B (1). 
rules means rules under the Court Procedures Act 2004 applying in relation to the Magistrates Court.
security—for part 3.12 (Securities in criminal matters)—see section 248. 
sold vehicle declaration, for part 3.8 (Infringement notices for certain offences)—see section 131F.
State, for division 3.9.3 (Reciprocal enforcement of fines against bodies corporate)—see section 166A.
summary conviction means conviction by a magistrate for an offence.
territory fine, for division 3.9.3 (Reciprocal enforcement of fines against bodies corporate)—see section 166A.
this jurisdiction, for division 2.2.3A (Judicial officers exchange)—see section 9C.
unknown offender declaration, for part 3.8 (Infringement notices for certain offences)—see section 131G.
vehicle, for part 3.8 (Infringement notices for certain offences)—see the Road Transport (Vehicle Registration) Act 1999, dictionary.
vehicle-related offence, for part 3.8 (Infringement notices for certain offences)—see section 117.
warrant, for division 3.4.2 (Warrants for witnesses)—see section 62.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
This Act was originally a Commonwealth ordinance—the Court of Petty Sessions Ordinance (No 2) 1930 No 21 (Cwlth).  It was renamed as the Magistrates Court Ordinance 1930 by the Magistrates Court Ordinance 1985 No 67 (s 3).
The ACT Self-Government (Consequential Provisions) Act 1988 No 109 (Cwlth), s 12 converted some former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 1 July 1990.
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989‑21, s 5 on its conversion to an ACT enactment on 1 July 1990.
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self‑Government) Act 1988 (Cwlth) s 25).
	Legislation before becoming Territory enactment
Magistrates Court Act 1930 A1930-21 
notified 21 November 1930
commenced 21 November 1930
as amended by
Court of Petty Sessions Ordinance 1932 Ord1932‑21 
notified 17 November 1932
commenced 17 November 1932
Court of Petty Sessions Ordinance 1934 Ord1934‑17 
notified 19 July 1934
commenced 19 July 1934
Money Lenders Ordinance 1936 Ord1936‑13 
notified 9 April 1936
commenced 1 May 1936
Court of Petty Sessions Ordinance 1937 Ord1937‑5 
notified 27 May 1937
commenced 27 May 1937
Court of Petty Sessions Ordinance (No 2) 1937 Ord1937‑28 
notified 23 December 1937
commenced 23 December 1937
Seat of Government (Designation) Ordinance 1938 Ord1938‑25 (as am by Ord1938‑35)
notified 8 September 1938
commenced 8 September 1938
Ordinances Revision Ordinance 1938 Ord1938‑35 
notified 15 December 1938
commenced 15 December 1938
Court of Petty Sessions Ordinance 1940 Ord1940‑20 
notified 7 November 1940
commenced 7 November 1940
Court of Petty Sessions Ordinance (No 2) 1940 Ord1940‑22 
notified 12 December 1940
commenced 12 December 1940
Court of Petty Sessions Ordinance 1949 Ord1949‑13 
notified 1 December 1949
commenced 1 December 1949
Court of Petty Sessions Ordinance 1951 Ord1951‑7 
notified 26 July 1951
commenced 26 July 1951
Court of Petty Sessions Ordinance (No 2) 1951 Ord1951‑12 
notified 14 December 1951
commenced 14 December 1951
Court of Petty Sessions Ordinance 1953 Ord1953‑14 
notified 12 November 1953
commenced 3 December 1953
Court of Petty Sessions Ordinance 1958 Ord1958‑12 
notified 24 July 1958
commenced 24 July 1958
Court of Petty Sessions Ordinance 1961 Ord1961‑2 
notified 29 March 1961
commenced 29 March 1961
Court of Petty Sessions Ordinance 1966 Ord1966‑2 
notified 10 February 1966
commenced 14 February 1966
Court of Petty Sessions Ordinance 1967 Ord1967‑1 
notified 9 February 1967
commenced 9 February 1967
Court of Petty Sessions Ordinance 1968 Ord1968‑25 
notified 19 December 1968
commenced 1 January 1969 (Cwlth Gaz 1968 p 7565)
Court of Petty Sessions Ordinance 1969 Ord1969‑12 
notified 20 June 1969
commenced 20 June 1969
Court of Petty Sessions Ordinance 1970 Ord1970‑15 
notified 19 March 1970
commenced 19 March 1970
Court of Petty Sessions Ordinance 1972 Ord1972‑37 
notified 16 November 1972
s 1, s 2, s 6, s 14, commenced 16 November 1972
remainder commenced 1 February 1973 (Cwlth Gaz 1972 No 118)
Court of Petty Sessions Ordinance 1973 Ord1973‑48 
notified 17 December 1973
commenced 17 December 1973
Court of Petty Sessions Ordinance 1974 Ord1974‑14 
notified 17 April 1974
commenced 17 April 1974
Ordinances Revision (Age of Majority) Ordinance 1974 Ord1974‑47 
notified 24 October 1974
commenced 1 November 1974
Court of Petty Sessions (Amendment) Ordinance 1976 Ord1976‑42 
notified 13 September 1976
commenced 13 September 1976
Court of Petty Sessions (Amendment) Ordinance 1977 Ord1977‑4 
notified 24 March 1977
ss 1-3, 10 commenced 24 March 1977
remainder commenced 28 March 1977 (Cwlth Gaz 1977 No S52)
Court of Petty Sessions (Amendment) Ordinance (No 2) 1977 Ord1977‑34 
notified 28 July 1977
commenced 28 July 1977
Court of Petty Sessions (Amendment) Ordinance (No 3) 1977 Ord1977‑56 
notified 6 October 1977
ceased to have effect because not tabled
Court of Petty Sessions (Amendment) Ordinance (No 4) 1977 Ord1977‑61 
notified 21 November 1977
commenced 21 November 1977
Ordinances Revision Ordinance 1978 Ord1978‑46 
notified 28 December 1978
commenced 28 December 1978
Court of Petty Sessions (Amendment) Ordinance 1979 Ord1979‑33 
notified 14 November 1979
commenced 14 November 1979
Court of Petty Sessions (Amendment) Ordinance (No 2) 1979 Ord1979‑41 
notified 18 December 1979
commenced 18 December 1979
Court of Petty Sessions (Amendment) Ordinance 1980 Ord1980‑4 
notified 20 March 1980
commenced 1 April 1980 (Cwlth Gaz 1980 No S66)
Court of Petty Sessions (Amendment) Ordinance (No 2) 1980 Ord1980‑10 
notified 26 March 1980
commenced 26 March 1980
Court of Petty Sessions (Amendment) Ordinance 1982 Ord1982‑2 
notified 26 February 1982
commenced 1 September 1982 (Cwlth Gaz 1982 No S178)
Court of Petty Sessions (Amendment) Ordinance (No 2) 1982 Ord1982‑3 
notified 26 February 1982
commenced 26 February 1982
Court of Petty Sessions (Amendment) Ordinance 1984 Ord1984‑9 
notified 11 April 1984
commenced 11 April 1984
Court of Petty Sessions (Amendment) Ordinance (No 2) 1984 Ord1984‑10 
notified 11 April 1984
commenced 11 April 1984
Court of Petty Sessions (Amendment) Ordinance (No 3) 1984 Ord1984‑16 
notified 1 June 1984
commenced 1 June 1984
Court of Petty Sessions (Amendment) Ordinance (No 4) 1984 Ord1984‑61 
notified 2 November 1984
commenced 2 November 1984
Court of Petty Sessions (Amendment) Ordinance (No 5) 1984 Ord1984‑62 
notified 2 November 1984
commenced 2 November 1984
Court of Petty Sessions (Amendment) Ordinance 1985 Ord1985‑17 
notified 17 April 1985
commenced 17 April 1985
Court of Petty Sessions (Amendment) Ordinance (No 2) 1985 Ord1985‑18 
notified 17 April 1985
commenced 17 April 1985
Court of Petty Sessions (Amendment) Ordinance (No 3) 1985 Ord1985‑41 
notified 5 September 1985
commenced 5 September 1985
Limitation Ordinance 1985 Ord1985‑66 
notified 19 December 1985
commenced 19 December 1985
Magistrates Court Ordinance 1985 Ord1985‑67 
notified 19 December 1985
commenced 1 February 1986 (Cwlth Gaz 1986 No G3)
Magistrates Court (Amendment) Ordinance 1986 Ord1986‑33 
notified 7 August 1986
commenced 7 August 1986
Domestic Violence (Miscellaneous Amendments) Ordinance 1986 Ord1986‑53 
notified 4 September 1986
commenced 1 October 1986 (Cwlth Gaz 1986 No S484)
Crimes (Amendment) Ordinance (No 4) 1986 Ord1986‑57 
notified 3 October 1986
commenced 3 October 1986
Magistrates Court (Amendment) Ordinance (No 2) 1986 Ord1986‑71 
notified 30 October 1986
commenced 1 April 1987 (Cwlth Gaz 1987 No S52)
Magistrates Court (Amendment) Ordinance (No 3) 1986 Ord1986‑74 
notified 14 November 1986
commenced 14 November 1986
Magistrates Court (Amendment) Ordinance (No 4) 1986 Ord1986‑83 
notified 22 December 1986
commenced 22 December 1986
Magistrates Court (Amendment) Ordinance 1987 Ord1987‑56 
notified 21 October 1987
commenced 21 October 1987
Magistrates Court (Amendment) Ordinance 1988 Ord1988‑45 
notified 27 July 1988
commenced 27 July 1988
Magistrates Court (Amendment) Ordinance 1989 Ord1989‑55 
notified 30 June 1989
commenced 1 July 1989
Magistrates Court (Amendment) Ordinance (No 2) 1989 Ord1989‑59 
notified 25 October 1989
s 11, s 12, s 14 commenced 27 June 1990 (Cwlth Gaz 1990 No GN25)
remainder commenced 25 October 1989
Magistrates Court (Amendment) Ordinance (No 3) 1989 Ord1989‑60 
notified 20 December 1989
commenced 14 February 1990 (Cwlth Gaz 1990 No GN5)
Crimes (Amendment) Ordinance 1990 Ord1990‑1 
notified 23 May 1990
commenced 23 May 1990
Self-Government (Consequential Amendments) Ordinance 1990 Ord1990‑5 
notified 27 June 1990
s 1, s 2 commenced 27 June 1990
remainder commenced 1 July 1990
Magistrates Court (Appeals Against Sentence) Ordinance 1990 Ord1990‑9 
notified 29 June 1990
commenced 29 June 1990
	Legislation after becoming Territory enactment
Magistrates Court (Amendment) Act 1990 A1990‑65 
notified 24 December 1990
commenced 24 December 1990
Weapons (Consequential Amendments) Act 1991 A1991‑9 sch
notified 3 April 1991 (Gaz 1991 No S19)
s 1, s 2 commenced 3 April 1991 (s 2 (1))
sch commenced 3 October 1991 (s 2 (2))
Magistrates Court (Amendment) Act 1991 A1991‑38 
notified 20 September 1991
ss 1-3 commenced 20 September 1991
remainder commenced 25 September 1991 (Gaz 1991 No S103)
Magistrates and Coroner’s Courts (Registrar) Act 1991 A1991‑44 
notified 20 September 1991 (Gaz 1991 No S95)
s 1, s 2 commenced 20 September 1991 (s 2 (1))
remainder commenced 25 September 1991 (s 2 (2) and Gaz 1991 No S103)
Magistrates Court (Amendment) Act (No 2) 1991 A1991‑79 
notified 11 December 1991
ss 1-3 commenced 11 December 1991
remainder commenced 11 June 1992
Workers’ Compensation (Consequential Amendments) Act 1991 A1991‑106 sch
notified 15 January 1991 (Gaz 1992 No S3)
s 1, s 2 commenced 15 January 1992 (s 2 (1))
remainder commenced 22 January 1992 (s 2 (2) and Gaz 1992 No S9)
Magistrates Court (Amendment) Act (No 3) 1991 A1991‑112 
notified 10 January 1992
s 1, s 2 commenced 10 January 1992
remainder commenced 18 May 1992 (Gaz 1992 No S57)
Bail (Consequential Amendments) Act 1992 A1992‑9 
notified 28 May 1992 (Gaz 1992 No S59)
s 1, s 2 commenced 28 May 1992 (s 2 (1))
remainder commenced 28 November 1992 (s 2 (3))
Statute Law Revision (Miscellaneous Provisions) Act 1992 A1992‑23 sch 1
notified 4 June 1992 (Gaz 1992 No S71)
commenced 4 June 1992
Protection Orders (Reciprocal Arrangements) (Consequential Amendments) Act 1992 A1992‑37 pt 3
notified 8 July 1992 (Gaz 1992 No S103)
ss 1-6 and 8-11 commenced 8 July 1992 (s 2 (1))
s 7, s 12 commenced 3 August 1992 (s 2 (2) and Gaz 1992 No S130)
Evidence (Amendment) Act 1993 A1993‑2 
notified 1 March 1993
commenced 1 March 1993
Magistrates Court (Amendment) Act 1993 A1993‑4 
notified 1 March 1993
ss 1-3 commenced 1 March 1993
ss 4-19, 21-24, 26-32 commenced 8 March 1993 (Gaz 1993 No 32)
remainder commenced 1 September 1993
Magistrates Court (Amendment) Act (No 2) 1993 A1993‑48 
notified 27 August 1993
ss 1-3 commenced 27 August 1993
remainder commenced 27 September 1993 (s 2 (2) and Gaz 1993 No S201)
Supreme Court (Amendment) Act (No 2) 1993 A1993‑91 
notified 17 December 1993
commenced 17 December 1993
Magistrates Court (Amendment) Act 1994 A1994‑4 
notified 14 March 1994
ss 1-4, s 10, s 12, s 13 commenced 14 March 1994
remainder commenced 1 July 1994 (s 2 (2))
Judicial Commissions (Consequential Amendments) Act 1994 A1994‑10 
notified 14 March 1994 (Gaz 1994 No S44)
commenced 14 March 1994 (s 2)
Public Sector Management (Consequential and Transitional Provisions) Act 1994 A1994‑38 
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))
remainder commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)
Mental Health (Consequential Provisions) Act 1994 A1994‑45 
notified 7 September 1994 (Gaz 1994 No S177)
s 1, s 2 commenced 7 September 1994 (s 2 (1))
remainder commenced 6 February 1995 (s 2 (2) and Gaz 1995 No S33)
Magistrates Court (Enforcement of Judgments) Act 1994 A1994‑61 
notified 11 October 1994
s 1, s 2 commenced 11 October 1994
remainder commenced 10 April 1995 (Gaz 1995 No S75)
Coroners (Amendment) Act (No 2) 1994 A1994‑66 
notified 11 October 1994
commenced 11 October 1994
Statute Law Revision (Penalties) Act 1994 A1994‑81 sch 
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))
remainder commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)
Magistrates Court (Amendment) Act 1995 A1995‑41 
notified 7 November 1995
s 1, s 2 commenced 7 November 1995
remainder commenced 7 May 1996
Statute Law Revision Act 1995 A1995‑46 sch
notified 18 December 1995 (Gaz 1995 No S306)
amdts commenced 18 December 1995 (s 2)
Magistrates Court (Amendment) Act 1996 A1996‑6 
notified 12 March 1996
ss 1-3 commenced 12 March 1996
s 7 commenced 25 September 1991
remainder commenced 12 September 1996
Criminal Injuries Compensation (Amendment) Act 1996 A1996‑68 
notified 20 December 1996
ss 1-3 commenced 20 December 1996
remainder commenced 1 January 1997 (Gaz 1996 No S352)
Firearms Act 1996 A1996‑74 
notified 20 December 1996
s 1, s 2 commenced 20 December 1996
remainder commenced 17 May 1997 (Gaz 1997 No S135)
Magistrates Court (Amendment) Act (No 2) 1996 A1996‑82 
notified 20 December 1996
ss 1-3 commenced 20 December 1996
remainder commenced 1 January 1997 (Gaz 1996 No S353)
Magistrates Court (Amendment) Act 1997 A1997‑25 
notified 29 May 1997
ss 1-3 commenced 29 May 1997
remainder commenced 30 May 1997 (s 2 (2) and Gaz 1997 No S149)
Remuneration Tribunal (Consequential Amendments) Act 1997 A1997‑41 sch 1 (as am by A2002‑49 amdt 3.222)
notified 19 September 1997 (Gaz 1997 No S264)
commenced 24 September 1997 (s 2 as am by A2002‑49 amdt 3.222)
Magistrates Court (Civil Jurisdiction) (Amendment) Act 1997 A1997‑94 
notified 1 December 1997
ss 1-3 commenced 1 December 1997
remainder commenced 25 May 1998 (Gaz 1998 No S140)
Legal Practitioners (Consequential Amendments) Act 1997 A1997‑96 sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 1 commenced 1 June 1998 (s 2 (2))
Magistrates Court (Amendment) Act 1998 A1998‑25 
notified 10 July 1998
s 1, s 2 commenced 10 July 1998
remainder commenced 1 January 1999 (Gaz 1998 No 50)
Magistrates Court (Amendment) Act (No 2) 1998 A1998‑38 
notified 14 October 1998
ss 1-3 commenced 14 October 1998
remainder commenced 19 October 1998 (Gaz 1998 No 41)
Statute Law Revision (Penalties) Act 1998 A1998‑54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
remainder commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Custodial Escorts (Consequential Provisions) Act 1998 A1998‑67 
notified 23 December 1998 (Gaz 1998 No S212)
s 1, s 2 commenced 23 December 1998 (s 2 (1))
remainder commenced 23 December 1998 (s 2 (2) and Gaz 1998 No 51)
Children’s Services (Amendment) Act 1999 A1999‑12 
notified 23 March 1999
commenced 1 May 1999
Courts and Tribunals (Audio Visual and Audio Linking) Act 1999 A1999‑22 
notified 14 April 1999 (Gaz 1999 No S16)
s 1, s 2 commenced 14 April 1999 (s 2 (1))
remainder commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35)
Magistrates Court (Amendment) Act 1999 A1999‑34 
notified 2 July 1999
commenced 2 July 1999
Magistrates Court Amendment Act (No 2) 1999 A1999‑59 
notified 10 November 1999 (Gaz 1999 No 45 and 1999 No 47)
commenced 10 November 1999
Children’s Services Amendment Act (No 2) 1999 A1999‑61 
notified 10 November 1999
s 1, s 2 commenced 10 November 1999
remainder commenced 1 December 1999
Children and Young People (Consequential Amendments) Act 1999 A1999‑64 sch 2
notified 10 November 1999 (Gaz 1999 No 45)
s 1, s 2 commenced 10 November 1999 (s 2 (1))
remainder commenced 10 May 2000 (s 2 (2))
Law Reform (Miscellaneous Provisions) Act 1999 A1999‑66 sch 3
notified 10 November 1999 (Gaz 1999 No 45)
commenced 10 November 1999 (s 2)
Road Transport Legislation Amendment Act 1999 A1999‑79 sch 3
notified 23 December 1999 (Gaz 1999 No S65)
s 1, s 2 commenced 23 December 1999 (IA s 10B)
remainder commenced 1 March 2000 (s 2 (2) and Gaz 2000 No S5)
Victims of Crime (Financial Assistance) (Amendment) Act 1999 A1999‑91 sch 2
notified 23 December 1999 (Gaz 1999 No S65)
s 1, s 2 commenced 23 December 1999 (IA s 10B)
remainder commenced 24 December (s 2 (2) and Gaz 1999 No S69)
Justice and Community Safety Legislation Amendment Act 2000 A2000‑1 sch
notified 9 March 2000 (Gaz 2000 No 10)
s 1, s 2 commenced 9 March 2000 (s 2 (1))
amdts commenced 9 September 2000 (s 2 (3))
Justice and Community Safety Legislation Amendment Act 2000 (No 3) A2000‑17 sch 1
notified 1 June 2000 (Gaz 2000 No 22)
commenced 1 June 2000 (s 2)
Magistrates Court Amendment Act 2000 A2000‑60 
notified 5 October 2000 (Gaz 2000 No 40)
commenced 5 October 2000 (s 2)
Leases (Commercial and Retail) Act 2001 A2001-18 s 174
notified 19 April 2001 (Gaz 2001 No 16)
s 1, s 2 commenced 19 April 2001 (IA s 10B)
s 174 commenced 1 July 2002 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 237
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 237 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.37
notified 5 September 2001 (Gaz 2001 No S65)
commenced 5 September 2001 (s 2 (1))
Road Transport (Public Passenger Services) Act 2001 A2001‑62 pt 1.1
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)
pt 1.1 commences 1 December 2001 (s 2 and CN 2001 No 2)
Crimes Legislation Amendment Act 2001 A2001‑63 pt 8
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)
pt 8 commenced 27 September 2001 (s 2 (2) and CN 2001 No 3)
Criminal Code 2001 Act No 64 sch 1 (as am by Criminal Code Amendment Act 2002 A2002‑2 )
notified 10 September 2001 (Gaz 2001 No S66)
repealed before commencement by Criminal Code 2002 No 51 s 126
Justice and Community Safety Legislation Amendment Act 2001 A2001‑70 sch 1
notified LR 14 September 2001
amdt commenced 14 September 2001 (s 2 (5))
Fair Trading Legislation Amendment Act 2001 A2001‑77 pt 4
notified LR 14 September 2001
s 1, s 2 commenced 14 September 2001 (LA s 75)
pt 4 commenced 14 March 2002 (LA s 79)
Protection Orders (Consequential Amendments) Act 2001 A2001‑90 sch 1 pt 8
notified LR 27 September 2001
s 1, s 2 commenced 27 September 2001 (LA s 75)
sch 1 pt 8 commenced 27 March 2002 (s 2 and LA s 79)
Criminal Code Amendment Act 2002 A2002‑2 s 4
notified LR 7 March 2002
s 1, s 2 commenced 7 March 2002 (LA s 75)
remainder commenced 9 March 2002 (s 2)
Note	This Act only amends the Criminal Code 2001 Act No 64.  The Criminal Code 2001 was repealed before it commenced (see A2002‑51 s 126)
Statute Law Amendment Act 2002 A2002‑30 pt 3.46
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.46 commenced 17 September 2002 (s 2 (1))
Magistrates Court (Refund of Fees) Amendment Act 2002 A2002‑36 
notified LR 10 October 2002
s 1, s 2 commenced 10 October 2002 (LA s 75 (1))
remainder commenced 11 October 2002 (s 2)
Statute Law Amendment Act 2002 (No 2) A2002‑49 amdt 3.222
notified LR 20 December 2002
s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))
amdt 3.222 taken to have commenced 24 September 1997 (s 2 (3))
Note	This Act only amends the Remuneration Tribunal (Consequential Amendments) Act 1997 A1997‑41 .
Justice and Community Safety Legislation Amendment Act 2003 A2003-2 pt 14
notified LR 3 March 2003
s 1, s 2 commenced 3 March 2003 (LA s 75 (1))
pt 14 commenced 31 March 2003 (s 2 (2))
Evidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48 sch 2 pt 2.8
notified LR 31 October 2003
s 1, s 2 commenced 31 October 2003 (LA s 75 (1))
sch 2 pt 2.8 commenced 30 April 2004 (s 2 and LA s 79)
Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.14
notified LR 5 December 2003
s 1, s 2 commenced 5 December 2003 (LA s 75 (1))
sch 3 pt 3.14 commenced 19 December 2003 (s 2)
Sexuality Discrimination Legislation Amendment Act 2004 A2004-2 sch 2 pt 2.6
notified LR 18 February 2004
s 1, s 2 commenced 18 February 2004 (LA s 75 (1))
sch 2 pt 2.6 commenced 22 March 2004 (s 2 and CN2004-4)
Bail Amendment Act 2004 A2004-14 sch 2 pt 2.2
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.2 commenced 26 June 2004 (s 2 (1))
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 3 pt 3.4
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 3 pt 3.4 commenced 9 April 2004 (s 2 (1))
Statute Law Amendment Act 2004 A2004-42 sch 1 pt 1.4
notified LR 11 August 2004
s 1, s 2 commenced 11 August 2004 (LA s 75 (1))
amdt 1.10, amdt 1.11 commenced 30 September 2004(s 2 (2) and see Litter Act 2004 A2004-47, s 2 and CN2004-22)
sch 1 pt 1.4 remainder commenced 25 August 2004 (s 2 (1))
Litter Act 2004 A2004-47 sch 1
notified LR 16 August 2004
s 1, s 2 commenced 16 August 2004 (LA s 75 (1))
sch 1 commenced 30 September 2004 (s 2 and CN2004-22)
Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.40, pt 1.51 (in part)
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))
sch 1 pt 1.40, pt 1.51 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
Justice and Community Safety Legislation Amendment Act 2005 A2005-5 pt 8
notified LR 23 February 2005
s 1, s 2 commenced 23 February 2005 (LA s 75 (1))
pt 8 commenced 24 February 2005 (s 2 (2))
Crimes Amendment Act 2005 A2005-7 pt 4
notified LR 23 February 2005
s 1, s 2 commenced 23 February 2005 (LA s 75 (1))
pt 4 commenced 24 February 2005 (s 2)
Domestic Violence and Protection Orders Amendment Act 2005 A2005‑13 sch 1 pt 1.12
notified LR 24 March 2005
s 1, s 2 commenced 24 March 2005 (LA s 75 (1))
sch 1 pt 1.12 commenced 25 March 2005 (s 2)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.35
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 1 pt 3.35 commenced 2 June 2005 (s 2 (1))
Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.20
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.20 commenced 23 November 2005 (s 2)
Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.19
notified LR 1 December 2005
s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))
sch 1 pt 1.19 commenced 22 December 2005 (s 2 (4))
Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.27
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
sch 1 pt 1.27 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)
Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 2 pt 2.23 (as am by A2006‑55 pt 4)
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))
sch 2 pt 2.23 commenced 1 January 2007 (s 2 (4))
Court Legislation Amendment Act 2006 A2006-55 pt 4, pt 5
notified LR 18 December 2006
s 1, s 2 commenced 18 December 2006 (LA s 75 (1))
pt 4 commenced 1 January 2007 (LA s 79A and A2006‑40)
pt 5 commenced 19 December 2006 (s 2)
Housing Assistance Act 2007 A2007-8 sch 1 pt 1.7
notified LR 10 May 2007
s 1, s 2 commenced 10 May 2007 (LA s 75 (1))
sch 1 pt 1.7 commenced 10 November 2007 (s 2 and LA s 79)
Corrections Management Act 2007 A2007-15 sch 1 pt 1.6
notified LR 18 June 2007
s 1, s 2 commenced 18 June 2007 (LA s 75 (1))
sch 1 pt 1.6 commenced 18 December 2007 (s 2 and LA s 79)
Victims of Crime Amendment Act 2007 A2007-44 sch 1 pt 1.2
notified LR 13 December 2007
s 1, s 2 commenced 13 December 2007 (LA s 75 (1))
sch 1 pt 1.2 commenced 20 December 2007 (s 2)
Crimes Amendment Act 2008 A2008-6 pt 5
notified LR 15 April 2008
s 1, s 2 commenced 15 April 2008 (LA s 75 (1))
pt 5 commenced 16 April 2008 (s 2)
Children and Young People Act 2008 A2008-19 sch 1 pt 1.8
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
sch 1 pt 1.8 commenced 27 February 2009 (s 2 and CN2008-17 (and see CN2008-13))
Children and Young People (Consequential Amendments) Act 2008 A2008‑20 sch 1 pt 1.5
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))
sch 1 pt 1.5 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13))
Justice and Community Safety Legislation Amendment Act 2008 (No 2) A2008-22 sch 1 pt 1.6
notified LR 8 July 2008
s 1, s 2 commenced 8 July 2008 (LA s 75 (1))
sch 1 pt 1.6 commenced 29 July 2008 (s 2)
Justice and Community Safety Legislation Amendment Act 2008 (No 3) A2008-29 sch 1 pt 1.10
notified LR 13 August 2008
s 1, s 2 commenced 13 August 2008 (LA s 75 (1))
sch 1 pt 1.10 commenced 27 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.36
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.36 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.74
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.74 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Sexual and Violent Offences Legislation Amendment Act 2008 A2008‑41 pt 3
notified LR 8 September 2008
s 1, s 2 commenced 8 September 2008 (LA s 75 (1))
pt 3 commenced 30 May 2009 (s 2 and CN2009-3)
Court Legislation Amendment Act 2008 A2008-42 pt 4
notified LR notified LR 8 September 2008
s 1, s 2 commenced 8 September 2008 (LA s 75 (1))
pt 4 commenced 8 March 2009 (s 2 and LA s 79)
Crimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.11
notified LR 9 September 2008
s 1, s 2 commenced 9 September 2008 (LA s 75 (1))
sch 1 pt 1.11 commenced 30 May 2009 (s 2 and CN2009-4)
Domestic Violence and Protection Orders Act 2008 A2008-46 sch 3 pt 3.12
notified LR 10 September 2008
s 1, s 2 commenced 10 September 2008 (LA s 75 (1))
sch 3 pt 3.12 commenced 30 March 2009 (s 2)
Justice and Community Safety Legislation Amendment Act 2009 A2009-7 sch 1 pt 1.8
notified LR 5 March 2009
s 1, s 2 commenced 5 March 2009 (LA s 75 (1))
sch 1 pt 1.8 commenced 30 May 2009 (s 2 (4) and see Crimes Legislation Amendment Act 2008 A2008-44, s 2 and CN2009-4)
as modified by
Magistrates Court (Transitional Provisions) Regulation 2009 SL2009‑20
notified LR 18 May 2009
s 1, s 2 commenced 18 May 2009 (LA s 75 (1))
remainder commenced 30 May 2009 (s 2 and see Crimes Legislation Amendment Act 2008 A2008-44, s 2 and CN2009-4)
as amended by
Justice and Community Safety Legislation Amendment Act 2009 (No 2) A2009-19 pt 11
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
pt 11 commenced 29 September 2009 (s 2)
Road Transport (Mass, Dimensions and Loading) Act 2009 A2009-22 sch 1 pt 1.1
notified LR 3 September 2009
s 1, s 2 commenced 3 September 2009 (LA s 75 (1))
sch 1 pt 1.1 commenced 3 March 2010 (s 2 and LA s 79)
Crimes Legislation Amendment Act 2009 A2009-24 sch 1 pt 1.9
notified LR 3 September 2009
s 1, s 2 commenced 3 September 2009 (LA s 75 (1))
sch 1 pt 1.9 commenced 4 September 2009 (s 2)
Courts (Appointments) Amendment Act 2009 A2009-37 pt 2
notified LR 21 October 2009
s 1, s 2 commenced 21 October 2009 (LA s 75 (1))
pt 2 commenced 22 October 2009 (s 2)
as modified by
ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 SL2009-2 s 67 (as am by SL2009‑51 s 6, s 8, A2009‑54 amdt 1.3)
notified LR 29 January 2009
s 1, s 2 commenced 29 January 2009 (LA s 75 (1))
s 67 commenced 2 February 2009 (s 2 and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
ACT Civil and Administrative Tribunal (Transitional Provisions) Amendment Regulation 2009 (No 1) SL2009-51 s 6, s 8
notified LR 30 October 2009
s 1, s 2 commenced 30 October 2009 (LA s 75 (1))
s 6, s 8 commenced 31 October 2009 (s 2)
Note	This regulation only amends the ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 SL2009-2.
as amended by
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.48
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.48 commenced 17 December 2009 (s 2)
Justice and Community Safety Legislation Amendment Act 2009 (No 4) A2009-54 sch 1 pt 1.2, sch 1 pt 1.4
notified LR 18 December 2009
s 1, s 2 commenced 18 December 2009 (LA s 75 (1))
sch 1 pt 1.2, sch 1 pt 1.4 commenced 22 December 2009 (s 2 (2) (a) and see Justice and Community Safety Legislation Amendment Act 2009 (No 3) A2009-44 s 2 (3))
Note	This Act also amends the ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 SL2009-2.
Justice and Community Safety Legislation Amendment Act 2010 A2010-13 sch 1 pt 1.4
notified LR 31 March 2010
s 1, s 2 commenced 31 March 2010 (LA s 75 (1))
s 3 commenced 1 April 2010 (LA s 75AA)
sch 1 pt 1.4 commenced 28 April 2010 (s 2 (4))
Crimes (Sentence Administration) Amendment Act 2010 A2010-21 sch 1 pt 1.6
notified LR 30 June 2010
s 1, s 2 commenced 30 June 2010 (LA s 75 (1))
sch 1 pt 1.6 commenced 1 July 2010 (s 2)
Justice and Community Safety Legislation Amendment Act 2010 (No 2) A2010-30 sch 1 pt 1.15
notified LR 31 August 2010
s 1, s 2 commenced 31 August 2010 (LA s 75 (1))
s 3 commenced 1 September 2010 (s 2 (1))
sch 1 pt 1.15 commenced 28 September 2010 (s 2 (2))
Justice and Community Safety Legislation Amendment Act 2010 (No 3) A2010-40 sch 2 pt 2.10
notified LR 5 October 2010
s 1, s 2 commenced 5 October 2010 (LA s 75 (1))
s 3 commenced 6 October 2010 (s 2 (1))
sch 2 pt 2.10 commenced 2 November 2010 (s 2 (2))
Courts Legislation Amendment Act 2011 A2011-13 sch 1 pt 1.5
notified LR 11 May 2011
s 1, s 2 commenced 11 May 2011 (LA s 75 (1))
sch 1 pt 1.5 commenced 25 July 2011 (s 2 and CN2011-8)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.99
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.99 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.26
notified LR 31 August 2011
s 1, s 2 commenced 31 August 2011 (LA s 75 (1))
sch 3 pt 3.26 commenced 21 September 2011 (s 2 (1))
Law Officers Act 2011 A2011-30 sch 1 pt 1.5
notified LR 29 August 2011
s 1, s 2 commenced 29 August 2011 (LA s 75 (1))
sch 1 pt 1.5 commenced 31 August 2011 (s 2 and CN2011-9)
Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.23
notified LR 22 November 2011
s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
sch 1 pt 1.23 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011‑12, s 2 and CN2012-4)
Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.37
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))
sch 3 pt 3.37 commenced 12 December 2011 (s 2)
Justice and Community Safety Legislation Amendment Act 2012 A2012-13 sch 1 pt 1.8
notified LR 11 April 2012
s 1, s 2 commenced 11 April 2012 (LA s 75 (1))
sch 1 pt 1.8 commenced 12 April 2012 (s 2 (1))
Crimes Legislation Amendment Act 2013 A2013-12 pt 9
notified LR 17 April 2013
s 1, s 2 commenced 17 April 2013 (LA s 75 (1))
pt 9 commenced 24 April 2013 (s 2)
Magistrates Court (Industrial Proceedings) Amendment Act 2013 A2013-43
notified LR 7 November 2013
s 1, s 2 commenced 7 November 2013 (LA s 75 (1))
remainder commenced 8 November 2013 (s 2)
Justice and Community Safety Legislation Amendment Act 2013 (No 4) A2013-45 sch 1 pt 1.2
notified LR 11 November 2013
s 1, s 2 commenced 11 November 2013 (LA s 75 (1))
sch 1 pt 1.2 commenced 12 November 2013 (s 2)
Heavy Vehicle National Law (Consequential Amendments) Act 2013 A2013-52 pt 4
notified LR 9 December 2013
s 1, s 2 commenced 9 December 2013 (LA s 75 (1))
pt 4 commenced 10 February 2014 (s 2 and see Heavy Vehicle National Law (ACT) Act 2013 A2013-51, s 2 (1) and CN2014-2)
Courts Legislation Amendment Act 2014 A2014‑1 pt 5
notified LR 5 March 2014
s 1, s 2 commenced 5 March 2014 (LA s 75 (1))
pt 5 commenced 2 April 2014 (s 2)
Courts Legislation Amendment Act 2015 A2015‑10 pt 12
notified LR 7 April 2015
s 1, s 2 commenced 7 April 2015 (LA s 75 (1))
pt 12 commenced 21 April 2015 (s 2 (2))
Courts Legislation Amendment Act 2015 (No 2) A2015‑52 pt 13
notified LR 26 November 2015
s 1, s 2 commenced 26 November 2015 (LA s 75 (1))
pt 13 commenced 10 December 2015 (s 2 (2))
Victims of Crime (Financial Assistance) Act 2016 A2016-12 sch 3 pt 3.4
notified LR 16 March 2016
s 1, s 2 commenced 16 March 2016 (LA s 75 (1))
sch 3 pt 3.4 commenced 1 July 2016 (s 2 (1) (a))
Red Tape Reduction Legislation Amendment Act 2016 A2016-18 sch 3 pt 3.29
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))
sch 3 pt 3.29 commenced 27 April 2016 (s 2)
Workplace Privacy Amendment Act 2016 A2016-22 s 21
notified LR 14 April 2016
s 1, s 2 commenced 14 April 2016 (LA s 75 (1))
s 21 commenced 14 October 2016 (s 2 (1) (as am by A2016‑37 amdt 1.44) and LA s 79)
ACT Civil and Administrative Tribunal Amendment Act 2016 (No 2) A2016-28 sch 1 pt 1.5
notified LR 15 June 2016
s 1, s 2 commenced 15 June 2016 (LA s 75 (1))
sch 1 pt 1.5 commences 15 December 2016 (s 2 (2))
Justice and Community Safety Legislation Amendment Act 2016 A2016‑37 sch 1 pt 1.14, amdt 1.44
notified LR 22 June 2016
s 1, s 2 commenced 22 June 2016 (LA s 75 (1))
sch 1 pt 1.14, amdt 1.44 commenced 29 June 2016 (s 2)
Note	amdt 1.44 only amends the Workplace Privacy Amendment Act 2016 A2016-22
Family Violence Act 2016 A2016‑42 sch 3 pt 3.15
notified LR 18 August 2016
s 1, s 2 commenced 18 August 2016 (LA s 75 (1))
sch 3 pt 3.15 commences 1 May 2017 (s 2)
Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.50
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
sch 1 pt 1.50 commenced 1 September 2016 (s 2)

4	Amendment history
The Magistrates Court (Enforcement of Judgments) Act 1994 A1994‑61 s 28 amended the Act by reversing the order of masculine and feminine pronouns.  The amendments have been incorporated in the republication but have not been noted in the amendment history.
Title
title	am Ord1985‑67
Preliminary
ch 1 hdg	ins A2004‑60 amdt 1.181
Preliminary
pt 1 hdg	om A2004‑60 amdt 1.181
Name of Act
s 1	sub A2003‑56 amdt 3.161
Dictionary
s 2	om Ord1978‑46
	ins A2004‑60 amdt 1.182
	am A2005‑20 amdt 3.193
Notes
s 3	om A1994‑61
	ins A2004‑60 amdt 1.182
	(2), (3) exp 10 January 2006 (s 3 (3))
Offences against Act—application of Criminal Code etc
s 3A	ins A2005‑53 amdt 1.107
	om A2006‑55 s 12
Magistrates Court and magistrates
ch 2 hdg	ins A2004‑60 amdt 1.184
Appointment and jurisdiction of magistrates
pt 2 hdg	renum as pt 2.2 hdg
The court
pt 2.1 hdg	ins A2004‑60 amdt 1.184
Constitution of court
s 4	orig s 4 am Ord1937‑28; Ord1953‑14
	sub Ord1958‑12
	am Ord1968‑25; Ord1972‑37
	om Ord1974‑14
	(prev s 18) am Ord1940‑20; Ord1985‑67; Ord1990‑5; A2001‑44 amdt 1.2750; A2004‑60 amdt 1.195, amdt 1.196
	reloc by A2004‑60 amdt 1.197
	am A2005‑20 amdt 3.194; A2006‑55 s 13
Arrangement of court business
s 5	am Ord1937‑28; Ord1938‑35; Ord1951‑7; Ord1951‑12; Ord1953‑14; Ord1958‑12; Ord1967‑1; Ord1968‑25; Ord1973‑48; Ord1976‑42; Ord1980‑4; Ord1984‑62; Ord1985‑17; Ord1985‑41; Ord1985‑67; Ord1986‑74; Ord1989‑59; Ord1989‑60; Ord1990‑5; A1991‑38; A1991‑44; A1992‑9; A1993‑4; A1993‑91; A1994‑4; A1996‑6; A1996‑82; A1997‑96; A1998‑67; A1999‑22 s 18; A1999‑66 sch 3; A1999‑79 s 5 sch 3; A2001‑44 amdt 1.2748
	om A2004‑60 amdt 1.183
	ins A2005‑20 amdt 3.195
Magistrate for matter not available
s 5A	ins A2013‑45 amdt 1.9
Appointment and jurisdiction of magistrates
pt 2.2 hdg	(prev pt 2 hdg) renum A2004‑60 amdt 1.184
Magistrates other than special magistrates
div 2.2.1 hdg	(prev pt 2 div 1 hdg) ins Ord1977‑4
	am Ord1985‑67
	renum as div 2.1 hdg R8 LA
	sub and renum A2004‑60 amdt 1.186
	sub A2005‑20 amdt 3.196
Meaning of magistrate in div 2.2.1
s 6	sub Ord1951‑12
	am Ord1990‑5
	om A2004‑60 amdt 1.183
	ins A2005‑20 amdt 3.196
Meaning of magistrate in div 2.2.1
s 6A hdg	sub A2004‑60 amdt 1.187
s 6A	ins Ord1977‑4
	am Ord1985‑67
	om A2005‑20 amdt 3.196
Appointment of Chief Magistrate and other magistrates
s 7	sub Ord1949‑13
	am Ord1951‑7; Ord1951‑12; Ord1973‑48
	sub Ord1977‑4; Ord1985‑67
	am Ord1990‑5
	sub A2005‑20 amdt 3.196
Requirements of appointment—magistrates
s 7AA	ins A2009‑37 s 4
Eligibility for appointment as magistrate
s 7A	ins A2005‑20 amdt 3.196
Seniority of magistrates
s 7B	ins A2005‑20 amdt 3.196
Conditions of appointment of magistrates
s 7C	ins A2005‑20 amdt 3.196
Term of appointment of magistrates
s 7D	ins A2005‑20 amdt 3.196
Acting Chief Magistrate
s 7E	ins A2005‑20 amdt 3.196
Retirement
s 7F	ins A2005‑20 amdt 3.196
	sub A2009‑19 s 57
Magistrates not to do other work
s 7G	ins A2005‑20 amdt 3.196
Rights of public servants
s 7H	ins A2005‑20 amdt 3.196
Special magistrates
div 2.2.2 hdg	(prev pt 2 div 2 hdg) ins Ord1977‑4
	renum as div 2.2 hdg R8 LA
	renum A2004‑60 amdt 1.189
	sub A2005‑20 amdt 3.197
Appointment of special magistrates
s 8	am Ord1949‑13
	sub Ord1977‑4
	am A1997‑96
	sub A2005‑20 amdt 3.197
Requirements of appointment—special magistrates
s 8AA	ins A2009‑37 s 5
Term of appointment of special magistrates
s 8A	ins Ord1973‑48
	om Ord1977‑4
	ins A2005‑20 amdt 3.197
Conditions of appointment of special magistrates
s 8B	ins Ord1973‑48
	om Ord1977‑4
	ins A2005‑20 amdt 3.197
Registrar and other court officers
div 2.2.3 hdg	(prev pt 2 div 3 hdg) ins Ord1977‑4
	am Ord1985‑67; A1991‑44
	renum as div 2.3 hdg R8 LA
	sub and renum A2004‑60 amdt 1.190
	sub A2005‑20 amdt 3.198
Appointment of registrar etc
s 9	sub Ord1977‑4
	am Ord1985‑67
	om A2005‑20 amdt 3.196
	ins A2005‑20 amdt 3.198
Staff assisting registrar
s 9A	ins A2005‑20 amdt 3.198
	om A2016‑52 amdt 1.135
Functions of registrar and deputy registrars
s 9B	ins A2005‑20 amdt 3.198
	sub A2006‑40 amdt 2.129 (as am A2006‑55 s 10)
Judicial officers exchange
div 2.2.3A hdg	ins A2010‑13 amdt 1.25
Definitions—div 2.2.3A
s 9C	ins A2010‑13 amdt 1.25
	def ACT court ins A2010‑13 amdt 1.25
	def corresponding court ins A2010‑13 amdt 1.25
	def court ins A2010‑13 amdt 1.25
	def judicial exchange arrangement ins A2010‑13 amdt 1.25
	def judicial officer ins A2010‑13 amdt 1.25
	def participating jurisdiction ins A2010‑13 amdt 1.25
	def this jurisdiction ins A2010‑13 amdt 1.25
Establishment of judicial exchange arrangements
s 9D	ins A2010‑13 amdt 1.25
Transfer of judicial officer of another jurisdiction to ACT court
s 9E	ins A2010‑13 amdt 1.25
Service in ACT court of judicial officer of another jurisdiction
s 9F	ins A2010‑13 amdt 1.25
Service of ACT judicial officer in corresponding court
s 9G	ins A2010‑13 amdt 1.25
Judicial office not affected by appointment to another judicial office
s 9H	ins A2010‑13 amdt 1.25
Other arrangements not affected
s 9I	ins A2010‑13 amdt 1.25
Amendment of sch 2
s 9J	ins A2010‑13 amdt 1.25
Terms and conditions of appointment
s 10	am Ord1938‑35; Ord1973‑48
	sub Ord1977‑4
	am Ord1990‑5
	sub A1997‑41
	om A2005‑20 amdt 3.196
Tenure of office
s 10A	ins Ord1977‑4
	om A2005‑20 amdt 3.196
Resignation
s 10B	ins Ord1977‑4
	am Ord1990‑5
	om A2005‑20 amdt 3.196
Acting Chief Magistrate
s 10C	ins Ord1977‑4
	am Ord1985‑67; Ord1990‑5
	om A2005‑20 amdt 3.196
Retirement
s 10D	ins Ord1977‑4
	sub A1994‑10
	om A2005‑20 amdt 3.196
Magistrates not to undertake other work
s 10E	ins Ord1977‑4
	am A1993‑4; A1996‑6
	om A2005‑20 amdt 3.196
Rights of public servants
s 10F	ins Ord1977‑4
	sub A1994‑38
	om A2005‑20 amdt 3.196
Arrangement of business of courts
s 10G	ins Ord1977‑4
	am Ord1985‑67; Ord1986‑74; A1994‑66
	sub A1999‑12
	am A1999‑61 s 6; A1999‑64 s 4 sch 2; A2004‑60 amdt 1.188
	om A2005‑20 amdt 3.196
Appointment of special magistrates
s 10H	ins Ord1977‑4
	am Ord1990‑5
	om A2005‑20 amdt 3.197
Tenure of office
s 10J	ins Ord1977‑4
	sub A1994‑10
	am A1996‑6
	om A2005‑20 amdt 3.197
Resignation
s 10K	ins Ord1977‑4
	am Ord1990‑5
	om A2005‑20 amdt 3.197
Terms and conditions of appointment
s 10L	ins Ord1977‑4
	am Ord1990‑5
	sub A1997‑41
	om A2005‑20 amdt 3.197
Appointment of registrar etc
s 10M hdg	am A1991‑44
s 10M	ins Ord1977‑4
	am Ord1985‑67; A1991‑44
	sub A1993‑4
	om A2005‑20 amdt 3.198
Staff assisting registrar
s 10MA	ins A1994‑38
	om A2005‑20 amdt 3.198
Duties of registrar
s 10N hdg	am A1991‑44
s 10N	ins Ord1977‑4
	am A1991‑44
	om A2005‑20 amdt 3.198
Jurisdiction of magistrates
div 2.2.4 hdg	(prev pt 2 div 4 hdg) ins Ord1977‑4
	renum as div 2.4 hdg R8 LA
	renum A2004‑60 amdt 1.191
Oath etc of office
s 10P	ins Ord1977‑4
	am Ord1990‑5; A2001‑44 amdt 1.2749
	sub A2005‑20 amdt 3.199
Acts done beyond ACT
s 10Q	renum as s 11
Acts done beyond ACT
s 11 hdg	am A1991‑44
s 11	orig s 11 am A1991‑44; A1994‑61; A1996‑6
	reloc to Magistrates Court Rules 1932, pt 19 as rule 99 by A2005‑20 amdt 3.202
	(prev s 10Q) ins Ord1977‑4
	am A2005‑20 amdt 3.200
	renum A2005‑20 amdt 3.201
Acts by magistrate out of court etc
s 12 hdg	am A1991‑44
s 12	am Ord1937‑28; Ord1986‑74; A1991‑44; A1996‑6
	sub A2005‑20 amdt 3.203
Making of enforcement order after case decided
s 13 hdg	sub A2006‑40 amdt 2.130
s 13	am A1991‑44; A1994‑61
	sub A2005‑20 amdt 3.203; A2006‑23 amdt 1.220
	am A2006‑40 amdt 2.131
Warrants of execution after appeal
s 14	om Ord1972‑37
Process not invalid only because of death of magistrate etc
s 15 hdg	am A1991‑44
s 15	am A1991‑44; A1994‑61
	sub A2005‑20 amdt 3.204
	am A2006‑40 amdt 2.132
Order instead of mandamus order
s 16 hdg	sub A2006‑40 amdt 2.133
s 16	am Ord1937‑28; Ord1977‑4; A1991‑44; A1996‑6; 
A2004‑60 amdt 1.192; A2006‑40 amdt 2.134, amdt 2.135
Magistrates may exercise functions of justices of peace
s 17 hdg	sub A2005‑20 amdt 3.205
s 17	am Ord1937‑28; Ord1990‑5
Protection of magistrates in execution of their office
pt 2.3 hdg	ins A2004‑60 amdt 1.193
Magistrate sued for act not within jurisdiction
s 17A	(prev s 231) am Ord1937‑28; Ord1953‑14; A1994‑61
	reloc by A2004‑60 amdt 1.370
	am A2005‑20 amdt 3.206, amdt 3.207
Magistrate sued for act not within jurisdiction
s 17B	(prev s 232) reloc by A2004‑60 amdt 1.370
	om A2008‑44 amdt 1.63
Committal or enforcement order by magistrate on order of court
s 17C hdg	sub A2006‑40 amdt 2.136
s 17C	(prev s 233) am A1994‑61
	reloc by A2004‑60 amdt 1.370
	am A2006‑23 amdt 1.221; A2006‑40 amdt 2.137
No action for acts done under Supreme Court order
s 17D	(prev s 234) am Ord1937‑28
	reloc by A2004‑60 amdt 1.370
	sub A2005‑20 amdt 3.208
No action if proceeding confirmed on appeal
s 17E	(prev s 235) am A1994‑61
	reloc by A2004‑60 amdt 1.370
	am A2006‑23 amdt 1.222, amdt 1.223; A2006‑40 amdts 2.137-2.139
Actions in cases prohibited
s 17F	(prev s 236) am Ord1937‑28
	reloc by A2004‑60 amdt 1.370
	am A2005‑20 amdt 3.209
Payment into court
s 17G	(prev s 239) am Ord1937‑28; Ord1986‑74
	reloc by A2004‑60 amdt 1.370
	sub A2005‑20 amdt 3.210
No action against magistrate for judicial acts in Magistrates Court
s 17H	(prev s 240) am Ord1985‑67
	reloc by A2004‑60 amdt 1.370
Magistrate sued for acts within magistrate’s jurisdiction only liable in case of malice and absence of reasonable and probable cause
s 17I	(prev s 241) reloc by A2004‑60 amdt 1.370
	am A2005‑20 amdt 3.211
Verdict for defendant
s 17J	(prev s 242) am Ord1937‑28; Ord1986‑74
	sub A1996‑6
	reloc by A2004‑60 amdt 1.370
Damages
s 17K	(prev s 243) am Ord1966‑2
	sub A1994‑61
	reloc by A2004‑60 amdt 1.370
Criminal proceedings
ch 3 hdg	ins A2004‑60 amdt 1.198
Magistrates Court
pt 3 hdg	sub Ord1985‑67
	om A2004‑60 amdt 1.194
Preliminary
pt 3.1 hdg	ins A2004‑60 amdt 1.198
Establishment of Magistrates Court
div 3.1 hdg	(prev pt 3 div 1 hdg) am Ord1985‑67
	renum R8 LA
	om A2004‑60 amdt 1.194
Constitution of court
s 18	reloc as s 4
Jurisdiction of Magistrates Court
div 3.2 hdg	(prev pt 3 div 2 hdg) am Ord1985‑67
	renum R8 LA
	om A2004‑60 amdt 1.199
Definitions for ch 3
s 18A	ins A2004‑60 amdt 1.198
	def administrator ins A2004‑60 amdt 1.198
	om A2006‑23 amdt 1.224
	def Crimes Act ins A2004‑60 amdt 1.198
	def decision ins A2004‑60 amdt 1.198
	def defendant ins A2004‑60 amdt 1.198
	def escort ins A2004‑60 amdt 1.198
	om A2006‑23 amdt 1.224
	def superintendent ins A2004‑60 amdt 1.198
	om A2006‑23 amdt 1.224
Criminal jurisdiction
pt 3.2 hdg	ins A2004‑60 amdt 1.199
Jurisdiction of court
s 19	am Ord1937‑28; Ord1985‑67; Ord1986‑74; Ord1990‑5; A1999‑66 sch 3; A2001‑44 amdt 1.2751; A2001‑56 amdt 3.447, amdt 3.448; A2004‑60 amdt 1.200; A2005‑20 amdt 3.212
Civil jurisdiction of the court
s 20	am Ord1936‑13; Ord1967‑1; Ord1969‑12; Ord1977‑4
	om Ord1986‑74
Civil jurisdiction of court in action for nuisance
s 20A	ins Ord1961‑2
	am Ord1967‑1
	om Ord1986‑74
Jurisdiction of court if defendant absent from ACT
s 21	am Ord1937‑28; Ord1958‑12; Ord1986‑74; A1996‑6
Ex parte order may be set aside
s 23	am Ord1970‑15
	sub Ord1974‑14
	am Ord1979‑33; Ord1986‑74; Ord1989‑60; A1991‑44; A1991‑112; A1993‑4; A1993‑48; A1998‑25; A2004‑60 amdts 1.201-1.209
	reloc to Magistrates Court Rules 1932, pt 4 as rule 10 by A2004‑60 amdt 1.210
Ex parte conviction may be set aside on application by informant
s 23AA	ins Ord1982‑3
	am A2004‑60 amdts 1.211-1.215
	reloc to Magistrates Court Rules 1932, pt 4 as rule 11 by A2004‑60 amdt 1.216
Requests under conventions regarding legal proceedings in civil and commercial matters
s 23A	ins Ord1932‑21
	om A2004‑60 amdt 1.217
Rectification of certain orders etc
s 23B	ins Ord1985‑18
	am A1991‑44; A2004‑60 amdt 1.218; A2005‑20 amdt 3.213, amdt 3.214
	om A2006‑23 amdt 1.225
Beginning criminal proceedings
pt 3.3 hdg	(prev pt 4 hdg) sub and renum A2004‑60 amdt 1.219
Beginning criminal proceedings—general
div 3.3.1 hdg	(prev pt 4 div 1 hdg) renum as div 4.1 hdg R8 LA 
	sub and renum A2004‑60 amdt 1.220
Cases excepted from court’s jurisdiction
s 24	om Ord1986‑74
Removal of civil cases to the Supreme Court
s 24A	ins Ord1937‑28
	om Ord1986‑74
Procedure after removal of cases
s 24B	ins Ord1937‑28
	am Ord1953‑14; Ord1980‑10; Ord1985‑67
	om Ord1986‑74
Informations
s 25	sub Ord1974‑14
	am Ord1986‑74; A1996‑6
	sub A2005‑20 amdt 3.215
Informations
div 3.3.2 hdg	(prev pt 4 div 2 hdg) renum as div 4.2 hdg R8 LA 
	renum A2004‑60 amdt 1.221
Laying of informations
s 26	am A1991‑38; A1993‑4; A1994‑4
Description of people and property and of offences
s 27	am Ord1990‑5
Authority to appear etc in place of informant
s 27A	ins Ord1974‑14
	om Ord1985‑17
Form of information
s 30	sub A2005‑20 amdt 3.216
Limitation of proceedings
s 31	am Ord1989‑59; Ord1990‑5; A1996‑6; A1999‑59 s 3
	om A2001‑63 s 58
Commencement of action by entry of complaint
s 32	am Ord1961‑2
	om Ord1986‑74
Complaint may be for 1 or more matters
s 33	am Ord1967‑1; Ord1969‑12; Ord1977‑4
	om Ord1986‑74
Demands not to be divided into 2 suits or complaints
s 34	om Ord1986‑74
Infant may sue
s 35	am Ord1974‑47
	om Ord1986‑74
Copy of information or complaint
s 36	om Ord1986‑74
Summonses
div 3.3.3 hdg	(prev pt 4 div 4 hdg) renum as div 4.4 hdg R8 LA
	renum A2004‑60 amdt 1.221
When magistrate may issue summons
s 37	am Ord1986‑74; Ord1989‑55;Ord1990‑5; A1991‑38; A1993‑4; A1996‑6
Form of summons
s 38	am Ord1937‑28; Ord1979‑33; Ord1986‑74; A1996‑6
Ex parte proceedings
s 39	om Ord1986‑74
Signature and contents of summons
s 40	am Ord1979‑33
	om A1996‑6
Service of summons
s 41	sub Ord1937‑28
	am Ord1953‑14; Ord1986‑74; A1991‑44; ss renum R10 LA; A2005‑20 amdt 3.217
Court attendance notices
div 3.3.3A hdg	ins A2008‑42 s 10
Definitions—div 3.3.3A
s 41A	ins A2008‑42 s 10
	def authorised person ins A2008‑42 s 10
	def court attendance notice ins A2008‑42 s 10
Commencing criminal proceeding by court attendance notice
s 41B	ins A2008‑42 s 10
Court attendance notice––service
s 41C	ins A2008‑42 s 10
Court attendance notice—filing
s 41D	ins A2008‑42 s 10
Court attendance notice—relationship to information and summons
s 41E	ins A2008‑42 s 10
Warrants
div 3.3.4 hdg	(prev pt 4 div 5 hdg) renum as div 4.5 hdg R8 LA 
	renum A2004‑60 amdt 1.221
	sub A2005‑20 amdt 3.218
Issue of warrant and summons
s 42	am Ord1974‑14, Ord1979‑33; ss renum R10 LA
	sub A2005‑20 amdt 3.219
Procedure on filing indictment
s 43	am Ord1937‑28; Ord1990‑5; A1992‑9; A1996‑6; A2006‑23 amdt 1.226; A2006‑40 amdt 2.140
Warrants to be signed and, where so required, sealed
s 46	om A1996‑6
Form of arrest warrant
s 47	am A1998‑67
	sub A2005‑20 amdt 3.220
Sunday warrants
s 49	am A2005‑20 amdt 3.221
Bail of persons arrested without a warrant
s 50	am A1991‑44
	om A1992‑9
Hearings generally to be in public
s 51	reloc as s 310
Exclusion of strangers
s 52	om A1996‑6
Hearing of criminal proceedings
pt 3.4 hdg	(prev pt 5 hdg) sub and renum A2004‑60 amdt 1.222
Hearing of criminal proceedings—general
div 3.4.1 hdg	(prev pt 5 div 1 hdg) renum as div 5.1 hdg R8 LA 
	sub and renum A2004‑60 amdt 1.223
Conduct of case generally
s 53	am Ord1986‑74; A1996‑6
	sub A2005‑20 amdt 3.222
If both parties present in court to hear case
s 54	am Ord1986‑74; A1991‑79; A1993‑2; A1996‑6
	sub A2005‑20 amdt 3.222
Interpreter
s 54AA	ins A1991‑79
	om A1993‑2
Record of proceedings
s 54A	reloc as s 316
Warrants for witnesses
div 3.4.2 hdg	(prev pt 5 div 2 hdg) renum as div 5.2 hdg R8 LA
	sub and renum A2004‑60 amdt 1.232
	sub A2005‑20 amdt 3.223
Examination to be on oath
s 55	om A2005‑20 amdt 3.224
Power to order witnesses out of Court
s 56	am Ord1986‑74
	om A1996‑6
Husband or wife of complainant or defandant to be competent witness
s 57	om Ord1986‑74
Defendant and husband or wife, when competent in criminal proceedings
s 58	om A2004‑2 amdt 2.14
Proof of negative etc
s 59	am Ord1990‑5
	om A2004‑15 amdt 3.20
Record of proceedings and transcript
s 60	reloc as s 317
Informant may request witnesses to attend
s 60A	ins A1996‑6
	reloc to Magistrates Court Rules 1932, pt 4 as rule 12 by A2004‑60 amdt 1.239
Power of magistrate to summon witnesses
s 61 hdg	sub A2004‑60 amdt 1.240
s 61	am Ord1986‑74
	sub A1996‑6
	am A2004‑60 amdt 1.241
	reloc to Magistrates Court Rules 1932, pt 4 as rule 13 by A2004‑60 amdt 1.242
Warrants for witnesses
div 3.4.2 hdg	sub A2009‑19 s 58
Definitions—div 3.4.2
s 62 hdg	am A2004‑60 amdt 1.243
s 62	sub Ord1937‑28; A1996‑6
	am A2004‑60 amdt 1.243, amdt 1.244
	reloc to Magistrates Court Rules 1932, pt 4 as rule 14 by A2004‑60 amdt 1.245
	ins A2009‑19 s 58
	def prescribed period ins A2009‑19 s 58
	def reporting officer ins A2009‑19 s 58
	def warrant ins A2009‑19 s 58
Witnesses entitled to claim expenses
s 62A	ins A1996‑6
	reloc to Magistrates Court Rules 1932, pt 4 as rule 15 by A2004‑60 amdt 1.246
Warrant to bring witness to court
s 63	am Ord1967‑1
	sub A1996‑6
	am A2004‑60 amdts 1.247-1.249
	(2), (3) exp 1 July 2006 (s 63 (3))
	ss renum R34 LA
	sub A2009‑19 s 58
First instance warrant
s 64	am A2004‑60 amdt 1.250
	sub A2009‑19 s 58
Warrant remains in force until executed
s 65	am Ord1976‑42; Ord1986‑74
	om A1994‑61
	ins A2009‑19 s 58
Executing a warrant
s 66	am Ord1937‑28; A2004‑60 amdts 1.251-1.253
	reloc to Magistrates Court Rules 1932, pt 4 as rule 16 by A2004‑60 amdt 1.254
	ins A2009‑19 s 58
Setting aside summons
s 66A	ins Ord1987‑56
	am A2004‑60 amdt 1.255, amdt 1.256
	reloc to Magistrates Court Rules 1932, pt 4 as rule 17 by A2004‑60 amdt 1.257
Procedure after arrest
s 67	reloc as s 318
	ins A2009‑19 s 58
Examination of witnesses—application of Magistrates Court (Civil Jurisdiction) Act
s 67A	ins Ord1986‑74
	am Ord1990‑5; A1995‑46
	om A2004‑60 amdt 1.262
Affidavits—application of Magistrates Court (Civil Jurisdiction) Act
s 67B	ins Ord1986‑74
	am Ord1990‑5; A1995‑46
	om A2004‑60 amdt 1.262
Orders following executed warrant
s 68	reloc as s 319
	ins A2009‑19 s 58
Depositions to be delivered to registrar
s 69	reloc as s 320
Remand
div 3.4.3 hdg	(prev pt 5 div 3 hdg) renum as div 5.3 hdg R8 LA
	renum A2004‑60 amdt 1.270
	sub A2006‑23 amdt 1.227
Remand of defendant
s 70	am Ord1977‑61; A1996‑6
	sub A1996‑82
	am A1998‑67
	sub A2004‑14 amdt 2.4; A2006‑23 amdt 1.227
	am A2011‑22 amdt 1.305, amdt 1.306, amdt 1.310
Verbal remand
s 71	am A1996‑6
	om A1996‑82
Bringing remanded defendant before court
s 72	sub A2006‑23 amdt 1.227
	am A2011‑22 amdt 1.310
Bail application hearings—audiovisual links
s 72A	ins A1999‑22 s 21
	am A2000‑17 s 3 sch 1; A2003‑48 amdt 2.10
	sub A2006‑23 amdt 1.227
Defendant’s appearance in non-bail proceedings—audiovisual links
s 72B	ins A1999‑22 s 21
	am A2004‑60 amdt 1.271
	sub A2006‑23 amdt 1.227
	am A2010‑40 amdt 2.16; A2011‑22 amdt 1.310
Bail of defendant during examination
s 73	am A1992‑9
Committal and recognisance
div 3.4.4 hdg	(prev pt 5 div 4 hdg) renum as div 5.4 hdg R8 LA
	renum A2004‑60 amdt 1.272
Extended application of div 3.4.4
s 73A	ins Ord1986‑74
	am A1995‑46
	sub A2004‑60 amdt 1.273
Remand of defendant before decision
s 74	am A1996‑6; A1996‑82
	sub A2006‑23 amdt 1.228
	am A2011‑22 amdt 1.307
Remand of witness or defendant after decision
s 75	sub Ord1976‑42
	am A1996‑82
	sub A2006‑23 amdt 1.228
Witnesses may be discharged on recognisance
s 76	am Ord1986‑74; A1994‑61; A2004‑60 amdt 1.274
Recognisances
s 77	am Ord1970‑15; A1992‑9
Issue of warrant for non-appearance
s 78	am A1992‑9; A2004‑60 amdt 1.275; A2005‑20 amdt 3.225
Recognisances taken out of court
s 79	am Ord1974‑14; Ord1976‑42; A1991‑44; A1992‑9; A1996‑6
	sub A2005‑20 amdt 3.226
	am A2006‑23 amdt 1.229
Forfeited recognisances—how enforced
s 80	am Ord1974‑14; Ord1984‑62; Ord1986‑53; Ord1990‑5; A1992‑9; A1996‑6
Arrest of principal by sureties
s 81	am Ord1937‑28; Ord1976‑42
	om A1992‑9
Conveying people to custody
s 82	am Ord1976‑42; A1996‑82
	om A2006‑23 amdt 1.230
Adjournment of criminal proceedings
div 3.4.5 hdg	(prev pt 5 div 5 hdg) renum as div 5.5 hdg R8 LA
	sub and renum A2004‑60 amdt 1.276
Particular cases may be adjourned
s 84	am Ord1986‑74; A1992‑9; A1996‑6; A2005‑20 amdt 3.227
	sub A2006‑23 amdt 1.231
	am A2011‑22 amdt 1.308
Proceeding if either party not present at adjourned hearing
s 85	am Ord1986‑74; A1996‑6
	sub A2005‑20 amdt 3.228
Proceeding if both parties present at adjourned hearing
s 86	am A1996‑6
	sub A2005‑20 amdt 3.228
Witness to attend adjourned etc hearing
s 87	am Ord1977‑61
	sub A2005‑20 amdt 3.228
Postponement of hearing
s 88	am Ord1986‑74; A1991‑44
Proceedings for indictable offences
pt 3.5 hdg	(prev pt 6 hdg) sub and renum A2004‑60 amdt 1.277
Dispensing with application of part
div 3.5.1 hdg	(prev pt 6 div 1A hdg) ins Ord1987‑56
	renum as div 6.1A hdg R8 LA
	renum A2004‑60 amdt 1.278
	om A2011‑28 amdt 3.176
	ins A2014‑1 s 22
Dispensing with application of part in interests of justice
s 88A hdg	sub A2004‑60 amdt 1.279
s 88A	ins Ord1987‑56
	om A2011‑28 amdt 3.176
	ins A2014‑1 s 22
Waiver of committal proceedings
div 3.5.1A hdg	ins A2015‑52 s 42
Court may waive committal proceedings
s 88B	ins A2015‑52 s 42
Indictable offences—beginning of proceedings
div 3.5.2 hdg	(prev pt 6 div 1 hdg) renum as div 6.1 hdg R8 LA
	sub and renum A2004‑60 amdt 1.280
Indictable offences—issue of warrant for non-appearance
s 89 hdg	sub A2010‑30 amdt 1.40
s 89	am Ord1977‑61
	sub A2005‑20 amdt 3.229
	am A2010‑30 amdt 1.41; ss renum R58 LA
Accused person may be excused from attendance before court
s 89A	ins Ord1977‑61
	am Ord1987‑56; A1992‑9; A1996‑6; A2005‑20 amdt 3.230, amdt 3.231; A2008‑44 amdt 1.64
Committal proceedings—prosecution evidence to be given to accused person
s 90	sub Ord1958‑12
	am Ord1967‑1
	sub Ord1974‑14
	am Ord1977‑61; A1991‑44; A1996‑6; A2005‑20 amdt 3.232; A2008‑41 s 31
	sub A2008‑44 amdt 1.65
Written statements may be admitted in evidence
s 90AA	ins Ord1974‑14
	am A1991‑44; A1996‑6; A2005‑20 amdt 3.233, amdt 3.234; ss renum R29 LA (see A2005‑20 amdt 3.235); A2008‑42 s 11; A2008‑41 ss 32-34; A2008‑44 amdts 1.66‑1.69; A2009‑7 amdts 1.32-1.35; ss renum R47 LA; A2009‑24 amdt 1.34, amdt 1.35; pars renum R48 LA
Witnesses generally not to be cross-examined at committal hearing
s 90AB	ins Ord1974‑14
	am Ord1977‑61; A1996‑6
	sub A2005‑20 amdt 3.236; A2008‑44 amdt 1.71
Attendance of accused not required if order made under s 89A
s 90ABA hdg	sub A2005‑20 amdt 3.237
s 90ABA	ins Ord1977‑61
	sub A2008‑44 amdt 1.72
Plea of guilty at committal hearing
s 90A hdg	sub A2008‑44 amdt 1.70
s 90A	ins Ord1958‑12
	am Ord1985‑41; Ord1990‑5; A1996‑6; ss renum R10 LA; A2004‑60 amdt 1.281; A2005‑20 amdts 3.238-3.240; ss renum R29 LA (see A2005‑20 amdt 3.241); A2011‑13 amdt 1.10
Back-up and related offences––transfer to Supreme Court
s 90B	ins A2014‑1 s 23
Proceeding following prosecution evidence
s 91	orig s 91
	am Ord1974‑14; Ord1987‑56
	sub A2005‑20 amdt 3.242
	om A2008‑44 amdt 1.73
	pres s 91
	(prev s 92) am Ord1951‑12; Ord1958‑12; Ord1967‑1; Ord1974‑14; Ord1977‑61; Ord1985‑41; Ord1986‑74; Ord1987‑56; A2008‑44 amdt 1.75
	renum as s 91 A2008‑44 amdt 1.74
Proceeding if evidence sufficient to put accused on trial
s 92	renum as s 91
Committal for sentence for indictable offence tried summarily
s 92A	ins Ord1974‑14
	am A2011‑13 amdt 1.11; A2014‑1 s 24
Depositions as evidence
s 92B	ins Ord1985‑41
Admissions and confessions
s 93	am Ord1958‑12; Ord1967‑1; A1996‑6; A2005‑20 amdt 3.243
Indictable offences—proceedings after hearing of evidence
div 3.5.3 hdg	(prev pt 6 div 2 hdg) renum as div 6.2 hdg R8 LA
	sub and renum A2004‑60 amdt 1.282
Discharge or committal for trial
s 94	am Ord1937‑28; Ord1976‑42; Ord1987‑56; A1996‑6
	sub A2005‑20 amdt 3.244
	am A2006‑23 amdt 1.232; A2008‑44 amdt 1.76; A2009‑24 amdt 1.36; A2011‑22 amdt 1.311; A2014‑1 s 25
Depositions of dead or absent people
s 95	sub Ord1958‑12
	am Ord1967‑1; Ord1989‑59; A1996‑6; A2004‑60 amdt 1.283, amdt 1.284; A2005‑20 amdt 3.245
Indictable offences—costs
div 3.5.4 hdg	(prev pt 6 div 2A hdg) ins Ord1984‑9
	renum as div 6.2A hdg R8 LA
	sub and renum A2004‑60 amdt 1.285
Discontinued proceeding
s 97	am Ord1937‑28
	om Ord1958‑12
	ins Ord1984‑9
	am Ord1987‑56; A2008‑44 amdt 1.77; A2009‑24 amdt 1.37
Indictable offences—witness recognisances
div 3.5.5 hdg	(prev pt 6 div 3 hdg) am A1992‑9
	renum as div 6.3 hdg R8 LA
	sub and renum A2004‑60 amdt 1.286
Bail in capital offences
s 98	am Ord1937‑28
	om Ord1989‑59
Admission of persons committed for trial to bail
s 99	am Ord1937‑28; Ord1976‑42; Ord1989‑59
	om A1992‑9
Admission of persons committed for trial and are in prison awaiting trial to bail
s 100	am Ord1937‑28; Ord1976‑42; Ord1989‑59
	om A1992‑9
Recognisances to be transmitted to Crown Solicitor
s 101	am Ord1967‑1; Ord1976‑42; Ord1985‑17
	om A1992‑9
Warrant of deliverance
s 102	am Ord1976‑42
	om A1992‑9
Recognisance of witnesses etc
s 103	am Ord1974‑14; A1996‑6
Court may remand noncompliant witness
s 105	am Ord1976‑42
	sub A2005‑20 amdt 3.246; A2006‑23 amdt 1.233
	am A2011‑22 amdt 1.310
Indictable offences—other provisions
div 3.5.6 hdg	(prev pt 6 div 4 hdg) renum as div 6.4 hdg R8 LA
	sub and renum A2004‑60 amdt 1.287
Meaning of certified copy of depositions in div 3.5.6
s 105A	ins A2004‑60 amdt 1.288
	sub A2005‑20 amdt 3.247
Giving depositions etc to director of public prosecutions
s 106	am Ord1967‑1; Ord1985‑17; Ord1985‑41; A1992‑9; A2005‑20 amdt 3.248
Giving documents to proper officer of court
s 107	am Ord1967‑1; Ord1985‑17; A1996‑6; A1999‑66 sch 3; A2005‑20 amdt 3.249; A2006‑40 amdt 2.141, amdt 2.142
Accused person may obtain copies of depositions etc
s 108	am Ord1967‑1; A1999‑66 sch 3
	sub A2005‑20 amdt 3.250
Proceedings for offences punishable summarily
pt 3.6 hdg	(prev pt 7 hdg) renum A2004‑60 amdt 1.289
Indictable offences dealt with summarily
s 108A	ins Ord1985‑41
	am A2004‑60 amdt 1.290
Dismissal or adjournment in absence of informant
s 109	sub A1996‑6
	am A2005‑20 amdt 3.251
Hearing in absence of defendant
s 110 hdg	sub A2005‑20 amdt 3.252
s 110	am Ord1974‑14; Ord1986‑83; Ord1989‑59; A1996‑6; A2005‑20 amdts 3.253-3.256; A2008‑44 amdt 1.78; ss renum R47 LA; A2009‑24 amdt 1.38, amdt 1.39; ss renum R48 LA
Adjournment if defendant does not appear
s 111	sub A2005‑20 amdt 3.257
	am A2006‑23 amdt 1.234
Summary proceedings—issue of warrant for non-appearance at adjourned or postponed hearing
s 112	am A1996‑6
	om A2005‑20 amdt 3.258
	ins A2010‑30 amdt 1.42
Court may direct defendant to appear
s 112A	ins A2010‑30 amdt 1.42
If defendant does not admit the case
s 114	am Ord1937‑28
	sub A2005‑20 amdt 3.259
Conduct of summary proceeding
s 115	am A1996‑6
	sub A2005‑20 amdt 3.259
Conduct of summary proceedings regulated
s 116	am A1996‑6
	om A2005‑20 amdt 3.259
Service and pleading by post for certain offences
pt 3.7 hdg	(prev pt 7A hdg) ins Ord1974‑14
	sub Ord1979‑33
	renum A2004‑60 amdt 1.291
Definitions for pt 3.7
s 116A hdg	sub A2004‑60 amdt 1.292
s 116A	ins Ord1974‑14
	sub Ord1979‑33
	am Ord1990‑5; A1993‑4; A1996‑6; A1998‑54; A1999‑79 sch 3; A2004‑60 amdt 1.294
	sub A2005‑20 amdt 3.260
	def defendant ins A2005‑20 amdt 3.260
	def law in force in the ACT ins A2004‑60 amdt 1.293
	sub A2005‑20 amdt 3.260
	def prescribed offence am A1984‑10 s 2; Ord1990‑5 sch 1
	sub A1993‑4 s 10
	om A1999‑79 sch 3
Meaning of prescribed offence for pt 3.7
s 116AA hdg	sub A2004‑60 amdt 1.295
s 116AA	ins A1999‑79 s 5 sch 3
	am A2001‑62 amdts 1.1-1.3; A2004‑60 amdt 1.296; A2005‑20 amdt 3.261; A2009‑22 amdt 1.1; A2013‑52 s 7, s 8; pars renum R71 LA
Service of summons for prescribed offence
s 116B hdg	sub A2004‑60 amdt 1.297
s 116B	ins Ord1974‑14
	sub Ord1979‑33
	am A1993‑4; A2004‑60 amdt 1.298; A2005‑20 amdt 3.262, amdt 3.263
Giving of notice by registrar
s 116BA	ins A1993‑4
	sub A2005‑20 amdt 3.264
Proof of service
s 116C	ins Ord1974‑14
	sub Ord1979‑33
	am A1991‑44; A1993‑4; A1996‑6; A2005‑20 amdt 3.265, amdt 3.266
Pleas to prescribed offence
s 116D hdg	sub A2004‑60 amdt 1.299
s 116D	ins Ord1974‑14
	sub Ord1979‑33
	am A1991‑44; A1993‑4
Procedure if plea of guilty entered
s 116E	ins Ord1974‑14
	sub Ord1979‑33
	am A1991‑44; A1993‑4; A2011‑28 amdt 3.177
Procedure if notice of intention to defend given
s 116F	ins Ord1974‑14
	sub Ord1979‑33
	am A1991‑44; A1993‑4
Procedure if defendant pleads not guilty
s 116FA	ins Ord1989‑59
Procedure if defendant does not plead
s 116G	ins Ord1974‑14
	sub Ord1979‑33
	am Ord1989‑59; A1991‑44; A1993‑4
Restricted penalties under pt 3.7
s 116H hdg	sub A2004‑60 amdt 1.300
s 116H	ins Ord1974‑14
	sub Ord1979‑33; A1993‑4
	am A1996‑6; A1998‑25; A2003‑56 amdt 3.162; A2005‑20 amdt 3.267, amdt 3.268; ss renum R29 LA (see A2005‑20 amdt 3.269)
Consequences of conviction in absence of defendant
s 116I hdg	sub A2005‑20 amdt 3.270
s 116I	ins Ord1974‑14
	sub Ord1979‑33
	am A1991‑44; A1993‑4; A1996‑6; A2004‑60 amdt 1.301; A2010‑21 amdt 1.9
Date of conviction
s 116J	ins Ord1974‑14
	om Ord1979‑33
Infringement notices for certain offences
pt 3.8 hdg	(prev pt 8 hdg) om Ord1986‑74
	ins A2001‑77 s 21
	renum A2004‑60 amdt 1.302
Preliminary
div 3.8.1 hdg	ins A2001‑77 s 21
	renum A2004‑60 amdt 1.303
Definitions for pt 3.8
s 117 hdg	sub A2004‑60 amdt 1.304
s 117	om Ord1986‑74
	ins A2001‑77 s 21
	def another jurisdiction ins A2004‑47 amdt 1.1
	def authorised person sub A2002‑30 amdt 3.587; 
A2004‑60 amdt 1.305
	def driver ins A2004‑47 amdt 1.1
	def home address ins A2004‑47 amdt 1.1
	om A2009‑49 amdt 3.113
	def illegal user declaration ins A2004‑47 amdt 1.1
	def known offender declaration ins A2004‑47 amdt 1.1
	def registered ins A2004‑47 amdt 1.1
	def registered operator ins A2004‑47 amdt 1.1
	om A2005‑20 amdt 3.271
	def responsible person ins A2004‑47 amdt 1.1
	def sold vehicle declaration ins A2004‑47 amdt 1.1
	def trader’s plate ins A2004‑47 amdt 1.1
	om A2005‑20 amdt 3.271
	def unknown offender declaration ins A2004‑47 amdt 1.1
	def vehicle ins A2004‑47 amdt 1.1
	def vehicle related offence ins A2004‑47 amdt 1.1
Purpose and effect of pt 3.8
s 118 hdg	sub A2004‑60 amdt 1.306
s 118	om Ord1986‑74
	ins A2001‑77 s 21
Regulations about infringement notice offences
s 119	om Ord1986‑74
	ins A2001‑77 s 21
	am A2003‑2 s 70
Infringement and reminder notices
div 3.8.2 hdg	(prev div 8.2 hdg) ins A2001‑77 s 21
	renum A2004‑60 amdt 1.307
Service of infringement notices
s 120	om Ord1986‑74
	ins A2001‑77 s 21
	am A2004‑42 amdt 1.8, amdt 1.9
	sub A2004‑47 amdt 1.2
	am A2008‑6 s 18; ss renum R40 LA
Contents of infringement notices
s 121	om Ord1986‑74
	ins A2001‑77 s 21
Additional information in infringement notices
s 122	om Ord1986‑74
	ins A2001‑77 s 21
Time for payment of infringement notice penalty
s 123	sub Ord1937‑28
	om Ord1986‑74
	ins A2001‑77 s 21
Extension of time to pay penalty
s 124	om Ord1986‑74
	ins A2001‑77 s 21
Effect of payment of infringement notice penalty
s 125	am Ord1937‑28
	om Ord1986‑74
	ins A2001‑77 s 21
Application for withdrawal of infringement notice
s 126	om Ord1986‑74
	ins A2001‑77 s 21
Withdrawal of infringement notice
s 127	sub Ord1937‑28
	om Ord1986‑74
	ins A2001‑77 s 21
Guidelines about withdrawal of infringement notices
s 128	am Ord1937‑28
	om Ord1986‑74
	ins A2001‑77 s 21
	am A2011‑28 amdt 3.178
Reminder notices
s 129	sub Ord1967‑1
	am Ord1980‑4
	om Ord1986‑74
	ins A2001‑77 s 21
Contents of reminder notices
s 130	om Ord1986‑74
	ins A2001‑77 s 21
Additional information in reminder notices
s 131	om Ord1986‑74
	ins A2001‑77 s 21
Additional provisions for vehicle-related offences
div 3.8.3 hdg	(prev div 8.2A hdg) ins A2004‑47 amdt 1.3
	renum R26 LA
Meaning of infringement notice
s 131A	ins A2004‑47 amdt 1.3
Service of infringement notice on responsible person for vehicles
s 131B	ins A2004‑47 amdt 1.3
	am A2004‑42 amdt 1.10; ss renum R25 LA (see A2004‑60 amdt 1.11)
Liability for vehicle-related offences
s 131C	ins A2004‑47 amdt 1.3
Illegal user declarations
s 131D	ins A2004‑47 amdt 1.3
	am A2016‑18 amdt 3.139
Known offender declarations
s 131E	ins A2004‑47 amdt 1.3
	am A2016‑18 amdt 3.140
Sold vehicle declarations
s 131F	ins A2004‑47 amdt 1.3
	am A2016‑18 amdt 3.141
Unknown offender declarations
s 131G	ins A2004‑47 amdt 1.3
	am A2016‑18 amdt 3.142
Disputing liability for infringement notices
div 3.8.4 hdg	(prev div 8.3 hdg) ins A2001‑77 s 21
	sub and renum A2004‑60 amdt 1.308 and R26 LA
Disputing liability for infringement notice offence
s 132	am Ord1967‑1; Ord1969‑12; Ord1977‑4
	om Ord1986‑74
	ins A2001‑77 s 21
Extension of time to dispute liability
s 133	am Ord1937‑28
	om Ord1986‑74
	ins A2001‑77 s 21
Procedure if liability disputed
s 134	ins A2001‑77 s 21
	am A2004‑42 amdt 1.12
Infringement notices—other provisions
div 3.8.5 hdg	(prev div 8.4 hdg) ins A2001‑77 s 21
	sub and renum A2004‑60 amdt 1.309 and R26 LA
Authorised people for infringement notice offences
s 134A	ins Ord1968‑25
	om Ord1986‑74
	ins A2002‑30 amdt 3.588
Money recovered by infant or person of unsound mind
s 134B	ins Ord1968‑25
	am Ord1978‑46
	om Ord1986‑74
Delegation of administering authority’s functions
s 135	am Ord1937‑28
	om Ord1986‑74
	ins A2001‑77 s 21
	sub A2002‑30 amdt 3.589
Evidentiary certificates
s 136	om Ord1986‑74
	ins A2001‑77 s 21
Default summons
s 137	om Ord1986‑74
Service of default summons
s 138	om Ord1986‑74
Ground of defence to be in writing lodged with the clerk
s 139	am Ord1937‑28; Ord1958‑12; Ord1970‑15
	om Ord1986‑74
Trial
s 140	am Ord1958‑12; Ord1970‑15
	om Ord1986‑74
Enforcement of criminal decisions
pt 3.9 hdg	(prev pt 9 hdg) sub and renum A2004‑60 amdt 1.310
Enforcement of criminal decisions—general
div 3.9.1 hdg	(prev pt 9 div 1 hdg) renum R8 LA
	sub and renum A2004‑60 amdt 1.311
Minute of decision and notice to defendant
s 141	am Ord1972‑37; Ord1990‑5; A1991‑44; A1993‑4; A1996‑6; A1996‑68; A1998‑25; A1999‑91 sch 2; ss renum R10 LA; A2006‑23 amdts 1.235, 1.236; A2006‑40 amdt 2.143; A2007‑44 amdt 1.2; A2010‑21 amdt 1.10; A2011‑22 amdt 1.311; A2011‑48 amdt 1.38; A2016‑12 amdt 3.5
Formal convictions and orders
s 142	am Ord1937‑28; A1991‑44; A2005‑20 amdt 3.272; A2006‑40 amdt 2.144
Consequences if information dismissed
s 143	am Ord1986‑74; A1991‑44
	sub A2005‑20 amdt 3.273
Copies of informations and other documents
s 144	sub Ord1967‑1
	am Ord1980‑10; Ord1986‑74; A1991‑38; A1991‑44; A1994‑4; A2006‑23 amdt 1.237
Imprisonment in first instance
s 145	am A1996‑6
	om A2006‑23 amdt 1.238
Enforcement of fines
div 3.9.2 hdg	(prev pt 9 div 2 hdg) sub A1994‑61
	am A1998‑25
	renum as div 9.2 hdg R8 LA
	renum A2004‑60 amdt 1.312
	om A2010‑21 amdt 1.11
Definitions for div 3.9.2
s 146 hdg	sub A2004‑60 amdt 1.313
s 146	om Ord1986‑57
	ins Ord1989‑60
	sub A1991‑112
	am A2006‑23 amdt 1.239
	om A2010‑21 amdt 1.11
	def chief police officer ins A1998‑25 s 8
	om A2004‑60 amdt 1.314
	def default notice ins A1998‑25 s 8
	om A2010‑21 amdt 1.11
	def fine ins A1998‑25 s 8
	am A1999‑91 sch 2; A2005‑20 amdt 3.274; A2006‑23 amdt 1.240, amdt 1.241; A2007‑44 amdt 1.3; pars renum R39 LA
	om A2010‑21 amdt 1.11
	def fine defaulter ins A1998‑25 s 8
	om A2010‑21 amdt 1.11
	def government agency ins A1998‑25 s 8
	am A2005‑20 amdt 3.275
	om A2010‑21 amdt 1.11
	def outstanding fine ins A1998‑25 s 8
	sub A2005‑20 amdt 3.276
	om A2010‑21 amdt 1.11
	def parking offence om A1998‑25 s 8
	def penalty notice ins A1998‑25 s 8
	om A2010‑21 amdt 1.11
	def Territory entity ins A1998‑25 s 8
	sub A2004‑60 amdt 1.315
	om A2010‑21 amdt 1.11
	def traffic offence am A1993‑4 s 21
	om A1998‑25 s 8
No imprisonment for breach of reparation order
s 146A	ins ord A1990‑1
	am A1996‑6
	om A1998‑25
Payment of fine
s 147	am Ord1968‑25; Ord1977‑34; Ord1986‑74; Ord1989‑60; Ord1990‑5; A1991‑112; A1992‑23; A1993‑4; A1994‑4; A1994‑45; A1994‑61; A1995‑46
	sub A1998‑25
	om A2010‑21 amdt 1.11
Notice of address etc
s 147A	ins Ord1989‑60
	am A1991‑44; A1991‑112; A1993‑48
	sub A1998‑25
	om A2010‑21 amdt 1.11
Access to particulars of address
s 147B	ins A1998‑25
	sub A2007‑8 amdt 1.14
	om A2010‑21 amdt 1.11
Doubtful service
s 147C	ins A1998‑25
	om A2010‑21 amdt 1.11
Court may allow time to pay
s 148	am Ord1974‑14; Ord1979‑33; A1991‑44; A1998‑25; ss renum R10 LA; A2005‑20 amdt 3.277
	om A2010‑21 amdt 1.11
Penalty notice
s 149	om Ord1986‑74
	ins A1998‑25
	om A2010‑21 amdt 1.11
Default
s 150	am Ord1974‑14; Ord1977‑34; Ord1979‑33; Ord1986‑74; Ord1989‑60; A1991‑112; A1993‑4; A1999‑79 s 5 sch 3
	sub A1998‑25
	am A2004‑60 amdt 1.316
	om A2010‑21 amdt 1.11
Parking offences—further orders in respect of natural persons
s 150A	ins Ord1989‑60
	am A1991‑44; A1991‑112; A1993‑48
	om A1998‑25
Parking offences—further orders in respect of bodies corporate
s 150B	ins Ord1989‑60
	am A1991‑44; A1991‑112; A1993‑48; A1994‑61
	om A1998‑25
Further orders—service
s 150C	ins Ord1989‑60
	am A1991‑44
	om A1998‑25
Default notice
s 151	orig s 151 renum as s 185
	ins A1998‑25
	om A2010‑21 amdt 1.11
Special arrangements
s 152	orig s 152 renum as s 186
	ins A1998‑25
	am A2006‑23 amdt 1.242; A2008‑19 amdt 1.86
	om A2010‑21 amdt 1.11
Notice for suspension of driver licence etc
s 153	am Ord1937‑28; Ord1940‑22; Ord1989‑60; A1991‑44
	om A1998‑25
	sub A1999‑79 s 5 sch 3
	am A2006‑23 amdt 1.243; A2008‑19 amdt 1.87
	om A2010‑21 amdt 1.11
Parking offences—instalment payments
s 153A	ins Ord1989‑60
	am A1991‑44
	om A1998‑25
Consequence of non-compliance with certain orders
s 153B	ins Ord1989‑60
	am A1991‑44
	om A1998‑25
Part payments
s 153C	ins Ord1989‑60
	am A1991‑44
	om A1998‑25
Access to personal information
s 154	orig s 154 renum as s 187
	ins A1998‑25
	sub A2007‑8 amdt 1.15
	om A2010‑21 amdt 1.11
Ascertainment of capacity to pay fine
s 154A	ins A1998‑25
	am A2004‑60 amdts 1.317-1.320
	reloc to Magistrates Court Rules 1932, pt 4 as rule 18 by A2004‑60 amdt 1.321
Garnishee orders and writs of execution
s 154B	ins A1998‑25
	am A2004‑60 amdt 1.322, amdt 1.323
	reloc to Magistrates Court Rules 1932, pt 4 as rule 19 by A2004‑60 amdt 1.324
Application of Magistrates Court (Civil Jurisdiction) Rules, pt 19
s 154C hdg	sub A2004‑60 amdt 1.325
s 154C	ins A1998‑25
	am A2004‑60 amdts 1.326-1.334
	reloc to Magistrates Court Rules 1932, pt 4 as rule 20 by A2004‑60 amdt 1.335
Fine defaulters—imprisonment
s 154D	ins A1998‑25
	sub A2006‑23 amdt 1.244
	am A2007‑15 amdt 1.27; A2007‑44 amdt 1.4; A2008‑19 amdt 1.88
	om A2010‑21 amdt 1.11
Young fine defaulters
s 154E	ins A2008‑19 amdt 1.89
	om A2010‑21 amdt 1.11
Young fine defaulters—no capacity to pay
s 154F	ins A2008‑19 amdt 1.89
	om A2010‑21 amdt 1.11
Fine amounts to be paid to registrar
s 155 hdg	am A1991‑44
s 155	am A1991‑44
	sub A2005‑20 amdt 3.278
	om A2006‑23 amdt 1.244
Costs to be paid to clerk by registrar of motor vehicles
s 155A hdg	am A1991‑44
s 155A	ins Ord1989‑60
	am A1991‑44; A1991‑112
	om A1998‑25
Execution to stop on payment
s 156	am Ord1977‑34
	sub A2005‑20 amdt 3.278
	om A2006‑23 amdt 1.244
Outstanding fine discharged by payment
s 157	am Ord1976‑42; Ord1977‑34; A1991‑44; A1998‑25; A2004‑60 amdt 1.336
	sub A2006‑23 amdt 1.244
	am A2008‑19 amdt 1.90
	om A2010‑21 amdt 1.11
Outstanding fine satisfied by imprisonment
s 158	am Ord1986‑74; A1991‑44
	om A1994‑61
	ins A1998‑25
	sub A2006‑23 amdt 1.244
	am A2007‑15 amdt 1.28
	om A2010‑21 amdt 1.11
Outstanding fine satisfied by imprisonment—young fine defaulter
s 158A	ins A2008‑19 amdt 1.91
	om A2010‑21 amdt 1.11
Remission
s 159 hdg	am A1991‑44
s 159	am A1991‑44
	om A1994‑61
	ins A1998‑25
	om A2006‑23 amdt 1.245
Conviction or order quashed or set aside
s 160	om A1994‑61
	ins A1998‑25
	am A1999‑79 s 5 sch 3
	om A2010‑21 amdt 1.11
Other enforcement provisions not affected
s 161	am Ord1986‑74
	om A1994‑61
	ins A1998‑25
	om A2010‑21 amdt 1.11
Procedure on execution
s 162	am Ord1953‑14; Ord1967‑1; A1991‑44; A1994‑81
	om A1994‑61
Warrant of distress after appeal
s 163	om Ord1972‑37
Money, Australian notes and bank notes may be seized and choses in action may be seized, sued on and sold
s 164	am Ord1990‑5
	om A1994‑61
Time of application to be recorded
s 165	am Ord1953‑14; A1991‑44
	om A1994‑61
Warrant of execution, when to be executed
s 166	am Ord1967‑1; A1994‑81
	om A1994‑61
Reciprocal enforcement of fines against bodies corporate
div 3.9.3 hdg	(prev pt 9 div 2A hdg) ins Ord1982‑2
	renum as div 9.2A hdg R8 LA
	renum A2004‑60 amdt 1.337
Definitions for div 3.9.3
s 166A hdg	sub A2004‑60 amdt 1.338
s 166A	ins Ord1982‑2
	def fine am A2005‑20 amdt 3.279
	def reciprocating court sub A2005‑20 amdt 3.280
	def relevant officer am A1991‑44 s 7 and sch 1
	def State am A2004‑60 amdt 1.339
Declarations relating to reciprocating courts
s 166B	ins Ord1982‑2
	am A2001‑44 amdts 1.2752-1.2754; A2005‑20 amdt 3.281; A2011‑28 amdt 3.178
Enforcement of fine
s 166C	ins Ord1982‑2
	am A1991‑44; A1994‑61; A2004‑60 amdt 1.340, amdt 1.341; A2005‑20 amdts 3.282-3.284; ss renum R29 LA (see A2005‑20 amdt 3.285); A2006‑40 amdts 2.145-2.147
Effect of enforcement by reciprocating court
s 166D	ins Ord1982‑2
	am A1991‑44
Registrar to notify payment of territory fine
s 166E hdg	am A1991‑44
s 166E	ins Ord1982‑2
	am A1991‑44
Adverse claim to goods seized
s 167	am Ord1953‑14
	om Ord1986‑74
Rules in Interpleader summons
s 168	om Ord1986‑74
Right of landlord not affected
s 169	om Ord1986‑74
Oral examination of debtor as to debts owing to him
s 170	am Ord1968‑25; A1991‑44
	om A1994‑61
Order nisi for attachment of debt
s 171	am Ord1937‑28; A1991‑44
	om A1994‑61
Service of order nisi to bind debts
s 172	am A1993‑4
	om A1994‑61
Where garnishee does not dispute debt
s 173	sub Ord1968‑25
	am Ord1970‑15; A1991‑44
	om A1994‑61
Where garnishee disputes debt
s 174	am Ord1986‑74
	om A1994‑61
Issue may be filed
s 175	om A1994‑61
Where third party claims lien or charge on debt
s 176	om A1994‑61
Court may order warrant to levy amount or issue to be tried
s 177	om A1994‑61
Payment by debtor under order to be valid discharge
s 178	am Ord1937‑28
	om A1994‑61
Debt attachment book
s 179	am A1991‑44
	om A1994‑61
Costs of attachment
s 180	om A1994‑61
Defendants in civil cases not to be imprisoned except under certain circumstances
s 181	am Ord1937‑28; A1991‑44
	om A1994‑61
Warrant in default of compliance
s 182	am A1991‑44
	om A1994‑61
Ex parte order of commitment
s 183	am A1991‑44
	om A1994‑61
Enforcement of criminal decisions—other provisions
div 3.9.4 hdg	(prev pt 9 div 6 hdg) renum as div 9.6 hdg R8 LA
	sub and renum A2004‑60 amdt 1.342
Enforcement of costs against informant
s 184	orig s 184 am A1991‑44
	om A1994‑61
	ins A1998‑25 s 17
Committal to prison—orders not involving payment of amount
s 185	orig s 185 sub Ord1967‑1
	om Ord1972‑37
	(prev s 151) am Ord1977‑34; A1996‑6
	renum A1998‑25
	am A2005‑20 amdts 3.286-3.288
	om A2006‑23 amdt 1.246
Warrant of commitment to prison
s 186	orig s 186 om A1994‑61
	(prev s 152) sub A1996‑6
	renum A1998‑25
	am A1998‑67; ss renum R10 LA
	om A2006‑23 amdt 1.246
Warrant of commitment if defendant already in prison
s 187	orig s 187 om A1994‑61
	(prev s 154) renum A1998‑25
	am A2005‑20 amdt 3.289
	om A2006‑23 amdt 1.246
Mitigation of payment by court
s 188	am Ord1967‑1; Ord1982‑3; Ord1985‑41; Ord1990‑5; A1994‑81
	om A2006‑23 amdt 1.246
Scale of imprisonment for nonpayment of money
s 189	am Ord1967‑1; Ord1977‑34; Ord1978‑46
	sub A1993‑4
	am A1994‑61
	om A1998‑25
Proceeds of warrants of execution
s 190	sub Ord1986‑74
	am Ord1990‑5; A1991‑44
	om A1994‑61
Accounts to be kept of amounts received
s 191 hdg	am A2001‑44 amdt 1.2755
	sub A2004‑60 amdt 1.343
s 191	am Ord1967‑1; Ord1979‑33; A1991‑44; A1994‑81; A2001‑44 amdt 1.2756; A2004‑60 amdt 1.344, amdt 1.345; A2006‑23 amdt 1.247
Executors and administrators may enforce orders in civil matters
s 192	am A1991‑44
	om A1994‑61
Forfeited goods may be sold
s 193	am Ord1990‑5; A2005‑20 amdt 3.290
Enforcement order not void for form only
s 194 hdg	sub A2006‑40 amdt 2.148
s 194	am A1994‑61
	sub A2006‑23 amdt 1.248
	am A2006‑40 amdt 2.149
Convictions etc to be given to Supreme Court registrar
s 195	am Ord1937‑28; A1992‑23
	sub A2005‑20 amdt 3.291
Definitions for pt 10
s 196	am Ord1937‑28
	sub A1990‑65
	am A1992‑37; A2000‑60 s 4
	om A2001‑90 amdt 1.79
Power to make
s 197	sub A1990‑65
	om A2001‑90 amdt 1.79
Entitlement to apply
s 198	sub A1990‑65
	am A1998‑38; A2000‑60 s 5
	om A2001‑90 amdt 1.79
Powers exercisable in care and protection proceedings
s 198A	ins A1999‑64 s 4 sch 2
	om A2001‑90 amdt 1.79
Special requirements—applications by community advocate or employer
s 198B	ins A2000‑60 s 6
	om A2001‑90 amdt 1.79
Hearing dates
s 199	am Ord1937‑28
	sub A1990‑65
	am A1991‑44
	om A2001‑90 amdt 1.79
Parties—applications by persons other than aggrieved persons
s 200	am Ord1937‑28
	sub A1990‑65
	am A1998‑38; A2000‑60 s 7
	om A2001‑90 amdt 1.79
Parties—applications involving children
s 201	sub A1990‑65
	am A1991‑44
	om A2001‑90 amdt 1.79
Representation of children
s 202	sub A1990‑65
	om A2001‑90 amdt 1.79
Hearing of applications
s 203	sub A1990‑65
	am A1995‑46; A1999‑34
	om A2001‑90 amdt 1.79
Matters to be taken into account
s 204	sub A1990‑65
	om A2001‑90 amdt 1.79
Restrictions in orders
s 205	am Ord1986‑74
	sub A1990‑65
	om A2001‑90 amdt 1.79
Consent orders
s 206	sub A1990‑65
	om A2001‑90 amdt 1.79
Jurisdiction under s 206
s 206AA	ins A1999‑34
	om A2001‑90 amdt 1.79
Service of applications
s 206A	ins A1990‑65
	am A1991‑44; A2000‑60 s 8; A2001‑44 amdt 1.2757
	om A2001‑90 amdt 1.79
Procedure in absence of respondent
s 206B	ins A1990‑65
	om A2001‑90 amdt 1.79
Interim restraining orders
s 206C	ins A1990‑65
	om A2001‑90 amdt 1.79
Seizure of firearms
s 206D	ins A1990‑65
	am A1991‑9; A1996‑74; A1997‑25
	om A2001‑90 amdt 1.79
Explaining proposed orders
s 206E	ins A1990‑65
	am A1992‑37
	om A2001‑90 amdt 1.79
Counselling
s 206F	ins A1990‑65
	om A2001‑90 amdt 1.79
Power of court to make orders where person charged
s 206G	ins A1990‑65
	om A2001‑90 amdt 1.79
Duration of orders
s 206H	ins A1990‑65
	om A2001‑90 amdt 1.79
Exercise of certain powers by registrar
s 206I	ins A2001‑70 amdt 1.67
	om A2001‑90 amdt 1.79
Variation and revocation of orders
s 206J	ins A1990‑65
	am A1991‑44; A1999‑64 s 4 sch 2
	om A2001‑90 amdt 1.79
Service etc of orders
s 206K	ins A1990‑65
	am A1991‑44; A1996‑51; A2001‑44 amdt 1.2758, amdt 1.2759
	om A2001‑90 amdt 1.79
Offence
s 206L	ins A1990‑65
	am A1992‑37; A1994‑81; A1997‑25
	om A2001‑90 amdt 1.79
Service other than personal service
s 206M	ins A1990‑65
	om A2001‑90 amdt 1.79
Service by police officers
s 206N	ins A1990‑65
	am A1991‑44
	om A2001‑90 amdt 1.79
Restriction on publication of reports of proceedings
s 206P	ins A1990‑65
	am A1994‑81; A1998‑38
	om A2001‑90 amdt 1.79
Limits of restriction on publication
s 206PA	ins A1998‑38
	om A2001‑90 amdt 1.79
Application not invalid only because made under wrong Act
s 206PB	ins A1998‑38
	om A2001‑90 amdt 1.79
Appeals
s 206Q	ins A1990‑65
	am A1995‑46
	om A2001‑90 amdt 1.79
Application of Crimes Act
s 206R	ins A1990‑65
	om A2001‑90 amdt 1.79
Criminal appeals
pt 3.10 hdg	(prev pt 11 hdg) sub Ord1972‑37
	sub and renum A2004‑60 amdt 1.346
Criminal appeals—jurisdiction of Supreme Court
div 3.10.1 hdg	(prev pt 11 div 1 hdg) ins Ord1972‑37
	renum as div 11.1 hdg R8 LA
	sub and renum A2004‑60 amdt 1.347
Jurisdiction of Supreme Court
s 207	sub Ord1937‑28
	am Ord1967‑1; Ord1968‑25
	sub Ord1972‑37
	am Ord1985‑67; A1990‑65; A2001‑90 amdt 1.80; A2004‑60 amdts 1.348-1.350; A2005‑5 s 30; A2008‑44 amdt 1.79
Appeals in criminal matters
div 3.10.2 hdg	(prev pt 11 div 2 hdg) ins Ord1972‑37
	renum as div 11.2 hdg R8 LA
	sub and renum A2004‑60 amdt 1.351
Appeals to which div 3.10.2 applies
s 208 hdg	sub A2004‑60 amdt 1.352
s 208	sub Ord1937‑28
	am Ord1953‑14; Ord1958‑12; Ord1968‑25
	sub Ord1972‑37
	am Ord1984‑16; Ord1985‑41; Ord1985‑67; Ord1986‑33; Ord1986‑74; A1990‑65; A1992‑9; A1994‑61; A1996‑6; A2004‑60 amdts 1.353-1.355; A2005‑7 s 16; pars renum R27 LA (see A2005‑7 s 17); A2006‑23 amdt 1.249; A2006‑55 s 14, s 15; A2011‑13 amdt 1.12; ss renum R67 LA; A2013‑12 s 39
Appeals in other cases
s 208A	ins Ord1958‑12
	am Ord1967‑1; Ord1968‑25
	om Ord1972‑37
Substituted service of notice of appeal
s 208B	ins Ord1958‑12
	om Ord1972‑37
Institution of appeal
s 209	am Ord1934‑17
	sub Ord1937‑28
	am Ord1967‑1
	sub Ord1972‑37
	am Ord1984‑61; Ord1985‑67
	sub Ord1986‑74
	am A2005‑5 s 31; A2005‑7 s 18; A2006‑40 amdt 2.150
Substituted service of notice of appeal
s 210	am Ord1934‑17
	sub Ord1937‑28; Ord1972‑37
When appeal deemed to be duly instituted
s 211	sub Ord1937‑28; Ord1972‑37; Ord1985‑18
	om Ord1986‑74
When appeal deemed to be duly instituted
s 212	sub Ord1937‑28; Ord1958‑12
	am Ord1967‑1
	sub Ord1972‑37
	om Ord1985‑18
Increase in amount of security
s 213	sub Ord1937‑28; Ord1972‑37
	om Ord1985‑18
Appeals in cases other than civil cases
s 214	sub Ord1937‑28
	am Ord1967‑1
	sub Ord1972‑37
	am Ord1984‑61; A1990‑65; A2004‑60 amdt 1.356; A2005‑20 amdt 3.292
Appeals in relation to grant of bail
s 214A	ins Ord1986‑33
	om A1992‑9
Appeals in civil cases
s 215	om Ord1937‑28
	ins Ord1972‑37
	am Ord1985‑67
	om Ord1986‑74
Stay of execution pending appeal in certain cases
s 216	om Ord1937‑28
	ins Ord1972‑37
	am Ord1984‑62; Ord1986‑74; A1992‑9; A1995‑41; A2005‑7 s 19; A2006‑23 amdt 1.250, amdt 1.251; A2008‑29 amdt 1.32; A2011‑22 amdt 1.311
	sub A2012‑13 amdt 1.40
Execution not to be stayed in other cases except by order of Supreme Court
s 217	om Ord1937‑28
	ins Ord1972‑37
	om Ord1986‑74
Orders by Supreme Court on appeals
s 218	om Ord1937‑28
	ins Ord1972‑37
	sub Ord1984‑61
	am Ord1985‑67; A2004‑60 amdt 1.357, amdt 1.358
No right of appeal under div 3.10.2 if review appeal
s 219 hdg	sub A2004‑60 amdt 1.359
s 219	om Ord1937‑28
	ins Ord1972‑37
	am Ord1985‑67; Ord1986‑74; A2004‑60 amdt 1.360, amdt 1.361
	sub A2008‑44 amdt 1.80
Reference appeals in criminal matters
div 3.10.2A	ins A2005‑5 s 32
What is a reference appeal?
s 219A	ins A2005‑5 s 32
Reference appeal in relation to proceeding
s 219AB hdg	sub A2008‑42 s 12
s 219AB	ins A2005‑5 s 32
	am A2006‑55 s 15; A2006‑40 amdt 2.151; A2008‑42 s 13, s 14; A2011‑30 amdt 1.11
Who may be heard at reference appeal
s 219AC	ins A2005‑5 s 32
	am A2008‑42 s 15
Reference appeal decision does not affect verdict
s 219AD	ins A2005‑5 s 32
	sub A2008‑42 s 16
Review appeals in criminal matters
div 3.10.3 hdg	(prev pt 11 div 3 hdg) ins Ord1972‑37
	renum as div 11.3 hdg R8 LA
	sub and renum A2004‑60 amdt 1.362
	sub A2008‑44 amdt 1.81
Interpretation
s 219A	ins Ord1972‑37
	om A1994‑61
Decisions subject to review appeal
s 219B hdg	sub A2008‑44 amdt 1.82
s 219B	ins Ord1972‑37
	am Ord1974‑14; Ord1979‑41; Ord1984‑16; Ord1985‑41; Ord1985‑67; Ord1990‑9; A1994‑61; A1996‑6; pars renum R10 LA; A2004‑60 amdts 1.363-1.366; A2005‑20 amdt 3.293; A2006‑23 amdt 1.252; A2006‑55 s 16; A2008‑44 amdt 1.83; A2011‑13 amdt 1.13
How review appeal is instituted
s 219C	ins Ord1972‑37
	am Ord1974‑14; Ord1979‑41; Ord1984‑61; Ord1985‑41; Ord1985‑67; Ord1990‑9; A1996‑6; pars renum R10 LA; A2005‑5 s 33; A2005‑20 amdts 3.294-3.296; pars and ss renum R29 LA (see A2005‑20 amdt 3.297)
	sub A2008‑44 amdt 1.84
Grounds for review
s 219D	ins Ord1972‑37
	am Ord1985‑41; Ord1985‑67; Ord1990‑9; A1992‑9; A1996‑6; ss renum R10 LA
	om A2006‑40 amdt 2.152
	ins A2008‑44 amdt 1.84
Report by Magistrate
s 219E	ins Ord1972‑37
	am A1996‑6
	om A2006‑40 amdt 2.152
	ins A2008‑44 amdt 1.84
Powers of Supreme Court
s 219F	ins Ord1972‑37
	am Ord1974‑14; Ord1979‑41; Ord1985‑41; Ord1985‑67; Ord1990‑9; ss and pars renum R10 LA; A2004‑60 amdt 1.367; A2006‑40 amdt 2.153; A2008‑44 amdts 1.85‑1.88
Interpretation
s 219G	ins Ord1984‑62
	am Ord1986‑74
	om A1992‑9
Warrant of apprehension of appellant
s 219H	ins Ord1984‑62
	om A1992‑9
Power of Court where person apprehended
s 219J	ins Ord1984‑62
	om A1992‑9
Effect of apprehension of appellant
s 219K	ins Ord1984‑62
	om A1992‑9
Stay of execution not affected
s 219L	ins Ord1984‑62
	om A1992‑9
Criminal appeals—other provisions
div 3.10.4 hdg	(prev pt 11 div 4 hdg) ins Ord1972‑37
	renum as div 11.4 hdg R8 LA
	sub and renum A2004‑60 amdt 1.368
Forfeiture of recognisance
s 220	am Ord1937‑28; Ord1972‑37
	sub Ord1984‑62
	om A1992‑9
Magistrate may order appellant to be liberated
s 221	om Ord1937‑28
Control of Supreme Court over summary convictions
s 222	am Ord1937‑28; Ord1985‑67; Ord1986‑74; A2005‑20 amdts 3.298-3.300; A2006‑23 amdts 1.253-1.255; A2006‑40 amdt 2.154
Amendment of documents
s 223	am Ord1937‑28; Ord1985‑67; Ord1986‑74
	sub A2005‑20 amdt 3.301
	am A2006‑23 amdt 1.256
In cases of certiorari order
s 224 hdg	sub A2006‑40 amdt 2.155
s 224	am Ord1937‑28; A2005‑20 amdt 3.302; A2006‑40 amdt 2.156
Notice dispensed with
s 225	am Ord1937‑28; Ord1967‑1; Ord1985‑17; A2005‑20 amdt 3.302; A2006‑40 amdt 2.157, amdt 2.158
Power of court to admit to bail
s 226	am Ord1937‑28; A1992‑9; A2005‑20 amdt 3.302; A2006‑23 amdt 1.257; A2006‑40 amdt 2.159
Respecting the amendment of convictions etc
s 227	am Ord1937‑28; Ord1985‑67; A1996‑6; A2005‑20 amdt 3.302
No summons or information
s 228	am Ord1986‑74
	sub A2005‑20 amdt 3.303
Provisions applicable in relation to security given for costs of appeal
s 230	am Ord1937‑28
	sub Ord1972‑37
	am Ord1985‑18; A1991‑44
	om A2006‑40 amdt 2.160
Magistrate sued for act not within jurisdiction
s 231	reloc as s 17A
No action against magistrate after order nisi to quash conviction has been granted
s 232	reloc as s 17B
Warrant or writ by magistrate on order of court
s 233	reloc as s 17C
No action for acts done under order of Supreme Court
s 234	reloc as s 17D
No action where proceedings confirmed on appeal
s 235	reloc as s 17E
Actions in cases prohibited
s 236	reloc as s 17F
Limitation of actions
s 237	om Ord1985‑66
Notice of actions
s 238	om Ord1985‑66
Payment of amounts into court
s 239	reloc as s 17G
No action against magistrate for judicial acts in Magistrates Court
s 240	reloc as s 17H
Magistrate sued for acts within his or her jurisdiction only liable in case of malice and absence of reasonable and probable cause
s 241	reloc as s 17I
Verdict for defendant
s 242	reloc as s 17J
Damages
s 243	reloc as s 17K
Costs in criminal matters
pt 3.11 hdg	(prev pt 13 hdg) sub Ord1953‑14
	am A1994‑4
	sub and renum A2004‑60 amdt 1.371
Costs in criminal matters
s 244 hdg	sub A2004‑60 amdt 1.372
s 244	am Ord1937‑28; Ord1953‑14; Ord1986‑74; A1994‑61; A2004‑60 amdts 1.373-1.375
	sub A2008‑44 amdt 1.89
Court fees
s 245	sub Ord1953‑14; Ord1980‑10
	am A1991‑38; A1991‑44
	om A1994‑4
Remission of fees
s 245A	ins Ord1937‑28
	sub Ord1986‑83
	am Ord1989‑55; Ord1990‑5; A1991‑44; A1993‑4
	om A1994‑4
Solicitor’s costs
s 246	sub Ord1937‑28
	om Ord1986‑74
Witnesses expenses
s 247	sub Ord1953‑14; Ord1967‑1
	am A1996‑6; A2004‑60 amdt 1.376
	reloc to Magistrates Court Rules 1932, pt 4 as rule 21 by A2004‑60 amdt 1.377
Meaning of security—pt 3.12
s 248	om A1994‑61 s 49
	ins A2001‑1 s 3 sch
	am A2001‑18 s 174
	om A2004‑60 amdt 1.378
	ins A2010‑21 amdt 1.12
Determination of fees
s 248A	ins Ord1974‑14
	am Ord1986‑53; Ord1990‑5
	om A1992‑9
	ins A1994‑4
	am A1997‑94; A1998‑25
	sub A2000‑1 s 3 sch 
	am A2001‑44 amdt 1.2760
	om A2004‑60 amdt 1.378
Payment of fees
s 248B	ins Ord1974‑14
	am Ord1986‑53; Ord1990‑5
	om A1992‑9
	ins A1994‑4
	sub A2000‑1 s 3 sch 
	am A2001‑44 amdt 1.2761
	om A2004‑60 amdt 1.378
Remission, refund, deferral, waiver and exemption of fees
s 248C	ins Ord1974‑14
	om A1992‑9
	ins A1994‑4
	am A1994‑45; No. A1995‑46; A1997‑96; A1999‑66 sch 3; A1999‑64 s 4 sch 2
	sub A2000‑1 s 3 sch
	am A2002‑36 s 4
	(4), (5) exp 11 October 2003 (s 248C (5))
	om A2004‑60 amdt 1.378
Recovery of fees in non-criminal proceedings if fees otherwise not payable
s 248D	ins Ord1974‑14
	am Ord1986‑53
	om A1992‑9
	ins A1994‑4
	sub A2000‑1 s 3 sch 
	om A2004‑60 amdt 1.378
Recovery of fees in criminal proceedings if fees not otherwise payable
s 248E	ins A1994‑4
	sub A2000‑1 s 3 sch 
	om A2004‑60 amdt 1.378
Review of decisions
s 248F	ins A1994‑4
	am A1996‑6
	sub A2000‑1 s 3 sch 
	om A2004‑60 amdt 1.378
Securities in criminal matters
pt 3.12 hdg	(prev pt 14 hdg) sub and renum A2004‑60 amdt 1.379
Securities taken under Act
s 249	am A1991‑44; A2004‑60 amdts 1.380-1.383; A2005‑20 amdt 3.304; A2010‑21 amdt 1.13
Recovery of amount due under security
s 250	ins Ord1937‑28
	am Ord1986‑74; A1991‑44; A1992‑9; A2004‑60 amdt 1.384; A2006‑23 amdt 1.258; A2010‑21 amdt 1.13
Enforcement of payment of sum due by principal
s 251	om Ord1937‑28
	am A2006‑23 amdt 1.258; A2010‑21 amdt 1.13
Sums paid by surety may be recovered from principal
s 252	am Ord1937‑28; Ord1986‑74; A1992‑9; A2004‑60 amdt 1.384; A2006‑23 amdt 1.258; A2010‑21 amdt 1.13
Payment enforced by security
s 253	am A1992‑9; A2004‑60 amdt 1.384; A2006‑23 amdt 1.258; A2010‑21 amdt 1.13
Enforcement of recognisance
s 254	sub Ord1974‑14
	am Ord1986‑53; Ord1986‑74; Ord1990‑5; A1991‑44; A1992‑9; A1994‑61; A2006‑23 amdt 1.259; A2006‑40 amdt 2.161, amdt 2.162
Directions about procedure
s 254A	reloc as s 309
Appearance by audiovisual or audio links
s 254B	reloc as s 311
Contempt in face of court
s 255	reloc as s 290
Failure to give evidence—offence
s 255AA	reloc as s 291
Failure to give evidence—committal
s 255AB	reloc as s 312
Commitment to remand centre
s 255A	reloc as s 313
Registrar to give directions for preparation of transcript
s 255B	reloc as s 314
Applications for transcripts
s 255C	reloc as s 315
Civil proceedings
ch 4 hdg	ins A2004‑60 amdt 1.386
Commencement of proceedings
pt 4 hdg	renum as pt 3.3 hdg
Preliminary
pt 4.1 hdg	ins A2004‑60 amdt 1.386
General
div 4.1 hdg	renum as div 3.3.1 hdg
Application of ch 4
s 256 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 256	am Ord1967‑1; Ord1970‑15; Ord1974‑14; Ord1979‑33; A1993‑4; A2001‑44 amdts 1.2762-1.2764
	(8)-(11) exp 12 September 2002 (s 256 (11))
	om A2004‑60 amdt 1.412
	ins A2004‑60 amdt 1.386
	am A2005‑13 amdt 1.43; A2008‑46 amdt 3.40
Civil jurisdiction
pt 4.2 hdg	ins A2004‑60 amdt 1.386
Informations
div 4.2 hdg	renum as pt 3.3.2 hdg
Personal actions at law—amount or value
s 257 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 257	am Ord1937‑28
	om Ord1986‑74
	ins A1991‑38
	om A1994‑4
	ins A2004‑60 amdt 1.386
	am A2011‑13 amdt 1.14
Power of court to grant relief
s 258 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 258	am Ord1932‑21; Ord1937‑28; Ord1953‑14; Ord1986‑74; Ord1990‑5; A1991‑44; A2001‑44 
amdts 1.2765-1.2768
	om A2004‑60 amdt 1.412
	ins A2004‑60 amdt 1.386
Rules of equity to prevail
s 259 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 259	ins A1999‑34
	om A2001‑90 amdt 1.81
	ins A2004‑60 amdt 1.386
Nuisance
s 260 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 260	ins A2004‑60 amdt 1.386
Disputed debts
s 261 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 261	ins A2004‑60 amdt 1.386
	am A2011‑13 amdt 1.15
Cause of action arising, or defendant resident, outside ACT
s 262 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 262	ins A2004‑60 amdt 1.386
Requests under conventions relating to legal proceedings in civil and commercial matters
s 263	ins A2004‑60 amdt 1.386
Proceedings affecting title to land
s 264 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 264	ins A2004‑60 amdt 1.386
Disputes under Residential Tenancies Act
s 265 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 265	ins A2004‑60 amdt 1.386
Complaints under Utilities Act, pt 12
s 266 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 266	ins A2004‑60 amdt 1.386
	am A2008‑22 amdt 1.36
	sub A2008‑36 amdt 1.480
Civil disputes under ACT Civil and Administrative Tribunal Act
s 266A	ins A2008‑37 amdt 1.322
Enforcement of ACT Civil and Administrative Tribunal order—representation
s 266B	ins as mod SL2009‑2 mod 4.1 (as ins by SL2009‑51 s 8)
	mod lapsed 22 December 2009 (SL2009‑2 mod 4.1 om by A2009‑54 amdt 1.5)
	ins A2009‑54 amdt 1.8
Case stated for Supreme Court
pt 4.3 hdg	(prev pt 4 div 3 hdg) om A1986‑74
	ins A2004‑60 amdt 1.386
Case stated
s 267 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 267	ins A2004‑60 amdt 1.386
	am A2008‑36 amdt 1.481
Transfer of proceedings from or to Supreme Court
pt 4.4 hdg	ins A2004‑60 amdt 1.386
Summonses
div 4.4 hdg	renum as div 3.3.3 hdg
Transfer of action from Supreme Court
s 268 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 268	ins A2004‑60 amdt 1.386
	am A2014‑1 s 26; ss renum R72 LA; A2015‑10 s 34, s 35; ss renum R73 LA
Procedure on transfer of action from Supreme Court
s 269 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 269	ins A2004‑60 amdt 1.386
	am A2006‑40 amdt 2.163
Removal of proceedings into Supreme Court
s 270 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 270	ins A2004‑60 amdt 1.386
Stay of proceedings
s 271 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 271	ins A2004‑60 amdt 1.386
Civil appeals
pt 4.5 hdg	ins A2004‑60 amdt 1.386
Warrants of arrest
div 4.5 hdg	renum as div 3.3.4 hdg
Meaning of appeal—pt 4.5
s 272 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 272	ins A2004‑60 amdt 1.386
	sub A2008‑36 amdt 1.482
Jurisdiction
s 273 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 273	ins A2004‑60 amdt 1.386
Cases in which appeal may be brought
s 274 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 274	ins A2004‑60 amdt 1.386
	am A2008‑36 amdt 1.483
Appeals—Small Claims Court
s 275 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 275	ins A2004‑60 amdt 1.386
	om A2008‑36 amdt 1.484
Evidence on appeal
s 276 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 276	ins A2004‑60 amdt 1.386
Powers of Supreme Court on appeal
s 277 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 277	ins A2004‑60 amdt 1.386
	om A2006‑40 amdt 2.164
Small Claims Court
pt 4.6 hdg	ins A2004‑60 amdt 1.386
	om A2008‑36 amdt 1.485
Definitions for pt 4.6
s 278 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 278	ins A2004‑60 amdt 1.386
	om A2008‑36 amdt 1.485
Small Claims Court
s 279 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 279	ins A2004‑60 amdt 1.386
	om A2008‑36 amdt 1.485
Referees—appointment
s 280 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 280	ins A2004‑60 amdt 1.386
	om A2008‑36 amdt 1.485
Referees—functions
s 281 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 281	ins A2004‑60 amdt 1.386
	om A2008‑36 amdt 1.485
Referees—oath or affirmation of office
s 282 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 282	ins A2004‑60 amdt 1.386
	om A2008‑36 amdt 1.485
Jurisdiction
s 283 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 283	ins A2004‑60 amdt 1.386
	om A2008‑36 amdt 1.485
$10 000 limit
s 284 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 284	ins A2004‑60 amdt 1.386
	om A2008‑36 amdt 1.485
Admissibility of conference proceedings in inquiries
s 285 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 285	ins A2004‑60 amdt 1.386
	om A2008‑36 amdt 1.485
Small Claims Court’s seal
s 286	ins A2005‑60 amdt 1.108
	om A2008‑36 amdt 1.485
The Childrens Court
ch 4A hdg	ins A2008‑19 amdt 1.92
The Childrens Court
pt 4A.1 hdg	ins A2008‑19 amdt 1.92
Childrens Court
s 287	ins A2008‑19 amdt 1.92
Jurisdiction of Childrens Court
s 288	ins A2008‑19 amdt 1.92
	am A2011‑13 amdt 1.16; A2013‑12 s 40
Procedure for proceedings where children jointly charged with adults
s 289 hdg	sub A2013‑12 s 41
s 289	ins A2008‑19 amdt 1.92
	am A2008‑44 amdt 1.90; A2013‑12 s 42
Chief Magistrate to arrange business of Childrens Court
s 290	(prev s 255) am Ord1967‑1; Ord1972‑37; Ord1990‑5
	sub A1993‑4
	am A1994‑66; A1994‑81; A1999‑22 s 23; ss renum R10 LA; A2004‑60 amdt 1.391
	renum A2004‑60 amdt 1.392
	am A2005‑53 amdt 1.108; ss renum R30 LA (see A2005‑53 amdt 1.109)
	om A2006‑55 s 17
	ins A2008‑19 amdt 1.92
Childrens Court Magistrate to hear all matters
s 291 hdg	(prev s 255AA hdg) sub A2004‑60 amdt 1.393
s 291	(prev s 255AA) ins A1994‑61
	am A1995‑46; A1996‑6; A1998‑25; A1998‑54; A2004‑60 amdt 1.394, amdt 1.395
	reloc from s 255AA by A2004‑60 amdt 1.396
	om A2005‑53 amdt 1.110
	ins A2008‑19 amdt 1.92
Childrens Court Magistrate
pt 4A.2 hdg	ins A2008‑19 amdt 1.92
Childrens Court Magistrate
s 291A	ins A2008‑19 amdt 1.92
	am A2011‑28 amdt 3.178
Acting Childrens Court Magistrate
s 291B	ins A2008‑19 amdt 1.92
Assignment of other magistrates for Childrens Court matters
s 291C	ins A2008‑19 amdt 1.92
	am A2014‑1 s 27; ss renum R72 LA
Completion of part-heard matters
s 291D	ins A2008‑19 amdt 1.92
Criminal proceedings
pt 4A.3 hdg	ins A2008‑19 amdt 1.92
Procedures for hearing indictable offences
s 291E	ins A2008‑19 amdt 1.92
Childrens Court may adjourn hearings to allow access to legal advice
s 291F	ins A2008‑19 amdt 1.92
Childrens Court may send cases to Supreme Court for sentencing
s 291G	ins A2008‑19 amdt 1.92
	am A2014‑1 s 28
The Family Violence Court
ch 4B hdg	ins A2011‑13 amdt 1.17
Preliminary
pt 4B.1 hdg	ins A2011‑13 amdt 1.17
Meaning of domestic violence offence
s 291H	ins A2011‑13 amdt 1.17
Purpose—ch 4B
s 291I	ins A2011‑13 amdt 1.17
The Family Violence Court
pt 4B.2 hdg	ins A2011‑13 amdt 1.17
Family Violence Court
s 291J	ins A2011‑13 amdt 1.17
Jurisdiction of Family Violence Court
s 291K	ins A2011‑13 amdt 1.17
Galambany Court
ch 4C hdg	ins A2011‑13 amdt 1.17
Definitions—ch 4C
s 291L	ins A2011‑13 amdt 1.17
	def Aboriginal or Torres Strait Islander offender ins A2011‑13 amdt 1.17
	am A2011‑52 amdt 3.137
	def circle sentencing ins A2011‑13 amdt 1.17
Galambany Court
s 291M	ins A2011‑13 amdt 1.17
Directions about procedure for Galambany Court
s 291N	ins A2011‑13 amdt 1.17
The Industrial Court
ch 4D hdg	ins A2013‑43 s 4
Preliminary
pt 4D.1 hdg	ins A2013‑43 s 4
Definitions—ch 4D
s 291O	ins A2013‑43 s 4
	def industrial or work safety matter ins A2013‑43 s 4
	def industrial or work safety offence ins A2013‑43 s 4
The Industrial Court
pt 4D.2 hdg	ins A2013‑43 s 4
Industrial Court
s 291P	ins A2013‑43 s 4
Jurisdiction of Industrial Court
s 291Q	ins A2013‑43 s 4
	am A2016-22 s 21
Chief Magistrate to arrange business of Industrial Court
s 291R	ins A2013‑43 s 4
Industrial Court Magistrate to hear all matters
s 291S	ins A2013‑43 s 4
Transfer of industrial or work safety matter to Supreme Court
s 291T	ins A2013‑43 s 4
Industrial Court Magistrate
pt 4D.3 hdg	ins A2013‑43 s 4
Industrial Court Magistrate
s 291U	ins A2013‑43 s 4
Acting Industrial Court Magistrate
s 291V	ins A2013‑43 s 4
Assignment of other magistrates for Industrial Court matters
s 291W	ins A2013‑43 s 4
Industrial Court—completion of part-heard matters
s 291X	ins A2013‑43 s 4
Miscellaneous
ch 5 hdg	(prev pt 15 hdg) sub and renum A2004‑60 amdt 1.387
Hearing
pt 5 hdg	renum as pt 3.4 hdg
Offences
pt 5.1 hdg	ins A2004‑60 amdt 1.387
General
div 5.1 hdg	renum as div 3.4.1 hdg
Evidence
div 5.2 hdg	renum as div 3.4.2 hdg
Remand
div 5.3 hdg	renum as div 3.4.3 hdg
Committal and recognisance
div 5.4 hdg	renum as div 3.4.4 hdg
Adjournment of proceedings
div 5.5 hdg	renum as div 3.4.5 hdg
Failure to comply with order in nuisance action
s 292 hdg	ins A2004‑60 amdt 1.412
	bracketed note exp 10 January 2006 (s 3 (3))
s 292	reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 8 (2) by A2004‑60 amdt 1.450
Failure to comply with Magistrates Court subpoena
s 293 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 293	(1) reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 187 (7) by A2004‑60 amdt 1.488
	(2), (3) ins A2004‑60 amdt 1.412
	om A2005‑53 amdt 1.111
Failure to comply with judgment for delivery of detained goods
s 294 hdg	ins A2004‑60 amdt 1.412
	bracketed note exp 10 January 2006 (s 3 (3))
s 294	reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 217 (4) by A2004‑60 amdt 1.502
	om A2006‑40 amdt 2.164
False or misleading statement by garnishee
s 295 hdg	ins A2004‑60 amdt 1.412
	bracketed note exp 10 January 2006 (s 3 (3))
s 295	reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 329 (2) by A2004‑60 amdt 1.524
	om A2006‑40 amdt 2.164
Obligations of judgment creditor if garnishee pays too much
s 296 hdg	ins A2004‑60 amdt 1.412
	bracketed note exp 10 January 2006 (s 3 (3))
s 296	reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 337 (1) by A2004‑60 amdt 1.527
	om A2006‑40 amdt 2.164
Notice to be given if judgment debtor ceases employment
s 297 hdg	ins A2004‑60 amdt 1.412
	bracketed note exp 10 January 2006 (s 3 (3))
s 297	reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 340 (1) by A2004‑60 amdt 1.531
	om A2006‑40 amdt 2.164
Prejudice to employee
s 298	reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 341 by A2004‑60 amdt 1.535
Interference with seized property etc
s 299	reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 379 by A2004‑60 amdt 1.537
	om A2006‑40 amdt 2.164
Failure to comply with Small Claims Court subpoena
s 300 hdg	bracketed note exp 10 January 2006 (s 3 (3))
s 300	(1) reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 448 (1) by A2004‑60 amdt 1.563
	(2), (3) ins A2004‑60 amdt 1.412
	om A2005‑53 amdt 1.112
Witness before Small Claims Court to answer questions
s 301	reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 449 by A2004‑60 amdt 1.568
	om A2005‑53 amdt 1.112
Contravention of Small Claims Court order in trespass proceeding
s 302 hdg	ins A2004‑60 amdt 1.412
	bracketed note exp 10 January 2006 (s 3 (3))
s 302	reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 460 (2) by A2004‑60 amdt 1.574
	om A2008‑36 amdt 1.486
Other
pt 5.2 hdg	ins A2004‑60 amdt 1.412
Contempt of court
s 307	ins A2006‑55 s 18
Magistrates Court’s seal
s 308	ins A2005‑60 amdt 1.109
Directions about procedure
s 309	(prev s 254A) ins Ord1989‑59
	reloc by A2004‑60 amdt 1.385
	sub A2006‑55 s 19; A2011‑13 amdt 1.18
Hearings generally to be in public
s 310 hdg	(prev s 51 hdg) sub A2004‑60 amdt 1.224
s 310	(prev s 51) am Ord1986‑74
	sub A1996‑6
	am A2004‑60 amdts 1.225-1.227
	reloc by A2004‑60 amdt 1.228
	am A2008‑36 amdt 1.487
Appearance by audiovisual or audio links etc
s 311	(prev s 254B) ins A1999‑22 s 22
	am A2000‑17 s 3 sch 1; A2003‑48 amdt 2.11; A2004‑60 amdt 1.388; ss renum R26 LA (see A2004‑60 amdt 1.389)
	reloc by A2004‑60 amdt 1.390
	am A2005‑20 amdt 3.305
	sub A2006‑55 s 20
	am A2010‑40 amdt 2.17
Failure to give evidence—committal
s 312 hdg	(prev s 255AB hdg) sub A2004‑60 amdt 1.397
s 312	(prev s 255AB) ins A1994‑61
	am A1995‑46; A2004‑60 amdts 1.398-1.400
	reloc by A2004‑60 amdt 1.401
	sub A2005‑53 amdt 1.113
	am A2006‑23 amdts 1.260-1.262; A2011‑22 amdt 1.311
Commitment to remand centre
s 313	(prev s 255A) ins Ord1976‑42
	am A1995‑41; A1996‑6; A1998‑25
	reloc by A2004‑60 amdt 1.402
	om A2006‑23 amdt 1.263
Registrar to give directions for preparation of transcript
s 314 hdg	(prev s 255B hdg) am A1991‑44
s 314	(prev s 255B) ins Ord1980‑4
	am Ord1986‑71; A1991‑44; A2004‑60 amdt 1.403
	reloc by A2004‑60 amdt 1.404
Applications for transcripts
s 315	(prev s 255C) ins Ord1980‑4
	am Ord1986‑71; Ord1986‑83; Ord1988‑45; A1991‑38; A1991‑44; A1993‑4; A1994‑4; A1999‑22 s 24; A2004‑60 amdts 1.405-1.409; ss renum R26 LA (see A2004‑60 amdt 1.410)
	reloc by A2004‑60 amdt 1.411
Record of proceedings
s 316 hdg	(prev s 54A hdg) sub A2004‑60 amdt 1.229
s 316	(prev s 54A) ins Ord1980‑4
	am Ord1985‑41; Ord1986‑71; Ord1986‑74; Ord1986‑83; Ord1990‑5; A1991‑44; A1991‑106; A1999‑22 s 19; A1999‑66 sch 3; A2000‑17 s 3 sch 1; ss renum R10 LA; A2003‑48 amdt 2.9; A2004‑60 amdt 1.230
	reloc by A2004‑60 amdt 1.231
	pars renum R26 LA
	am A2005‑20 amdt 3.306; A2010‑40 amdt 2.18; A2013‑45 amdt 1.10
Record of proceedings and transcript
s 317	(prev s 60) sub Ord1958‑12; Ord1967‑1
	am Ord1972‑37
	sub Ord1974‑14; Ord1980‑4
	am A1991‑44; A1999‑22 s 20; A2004‑60 amdts 1.233‑1.237
	reloc as s 317 A2004‑60 amdt 1.238
	am A2011‑48 amdt 1.139
Person about to leave ACT may be ordered to be examined or produce documents
s 318 hdg	(prev s 67 hdg) am A2004‑60 amdt 1.258
s 318	(prev s 67) am Ord1980‑4; Ord1986‑74; A1996‑6; ss renum R10 LA; A2004‑60 amdt 1.259, amdt 1.260
	reloc by A2004‑60 amdt 1.261
Witnesses’ rights and liabilities
s 319	(prev s 68) am A1996‑6; A2004‑60 amdt 1.263, amdt 1.264
	reloc by A2004‑60 amdt 1.265
Depositions to be given to registrar
s 320 hdg	(prev s 69 hdg) am A1991‑44
s 320	(prev s 69) am Ord1958‑12; Ord1967‑1; Ord1980‑4; A1991‑44; A2004‑60 amdts 1.266-1.268
	reloc by A2004‑60 amdt 1.269
Domestic violence offence information
s 320A	ins A2011‑13 amdt 1.19
Regulation-making power
s 321	ins A2004‑60 amdt 1.412
Proceedings in case of indictable offences
pt 6 hdg	renum as pt 3.5 hdg
Preliminary
div 6.1A hdg	renum as div 3.5.1 hdg
Institution of proceedings
div 6.1 hdg	renum as div 3.5.2 hdg
Proceedings subsequent to hearing of evidence
div 6.2 hdg	renum as div 3.5.3 hdg
Costs
div 6.2A hdg	renum as div 3.5.4 hdg
Recognisances of witnesses
div 6.3 hdg	renum as div 3.5.5 hdg
Miscellaneous
div 6.4 hdg	renum as div 3.5.6 hdg
Proceedings for offences punishable summarily
pt 7 hdg	renum as pt 3.6 hdg
Service and pleading by post for certain offences
pt 7A hdg	renum as pt 3.7 hdg
Infringement notices for certain offences
pt 8 hdg	renum as pt 3.8 hdg
Preliminary
div 8.1 hdg	renum as div 3.8.1 hdg
Infringement and reminder notices
div 8.2 hdg	renum as div 3.8.2 hdg
Additional provisions for vehicle-related offences
div 8.2A hdg	renum as div 3.8.3 hdg
Disputing liability
div 8.3 hdg	renum as div 3.8.4 hdg
Miscellaneous
div 8.4 hdg	renum as div 3.8.5 hdg
Enforcement of decisions
pt 9 hdg	renum as pt 3.9 hdg
General
div 9.1 hdg	renum as div 3.9.1 hdg
Enforcement of fines
div 9.2 hdg	renum as div 3.9.2 hdg
Reciprocal enforcement of fines against bodies corporate
div 9.2A hdg	renum as div 3.9.3 hdg
Adverse claims
pt 9 div 3 hdg	om Ord1986‑74
Attachment of debts
pt 9 div 4 hdg	om A1994‑61
Imprisonment of fraudulent debtors
pt 9 div 5 hdg	om A1994‑61
Miscellaneous
div 9.6 hdg	renum as div 3.9.4 hdg
Restraining orders
pt 10 hdg	sub A1990‑65
	om A2001‑90 amdt 1.79
Appeals to Supreme Court
pt 11 hdg	renum as pt 3.10 hdg
Appellate jurisdiction of Supreme Court
div 11.1 hdg	renum as div 3.10.1 hdg
Appeals
div 11.2 hdg	renum as div 3.10.2 hdg
Orders to review
div 11.3 hdg	renum as div 3.10.3 hdg
Absconding appellants
pt 11 div 3A hdg	ins Ord1984‑62
	om A1992‑9
General provisions
div 11.4 hdg	renum as div 3.10.4 hdg
Protection of magistrates in the execution of their office
pt 12 hdg	om A2004‑60 amdt 1.369
Costs
pt 13 hdg	renum as pt 3.11 hdg
Court and tribunal fees
pt 13A hdg	orig pt 13A hdg ins Ord1974‑14
	om A1992‑9
	ins A1994‑4
	sub A2000‑1 s 3 sch 
	om A2004‑60 amdt 1.378
Securities
pt 14 hdg	renum as pt 3.12 hdg
Miscellaneous
pt 15 hdg	renum as ch 5 hdg
Transitional
pt 16 hdg	ins A1999‑34
	om A2001‑90 amdt 1.81
Transitional—Children and Young People Act 2008
pt 17 hdg	renum as ch 10 hdg
Transitional—Children and Young People Act 2008
ch 10 hdg	(prev pt 17 hdg) ins A2008‑20 amdt 1.5
	renum as ch 10 hdg R41 LA
	exp 27 February 2011 (s 404 (1) (LA s 88 declaration applies))
Childrens Court Magistrate
s 400	ins A2008‑20 amdt 1.5
	exp 27 February 2011 (s 404 (1) (LA s 88 declaration applies))
Existing proceedings in Childrens Court
s 401	ins 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 402	ins A2008‑20 amdt 1.5
	exp 27 February 2011 (s 404 (1) (LA s 88 declaration applies))
Transitional regulations
s 403	ins A2008‑20 amdt 1.5
	exp 27 February 2011 (s 404 (1))
Expiry—ch 10
s 404	ins 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 hdg	ins A2008‑44 amdt 1.91
	exp 30 May 2010 (s 453)
Application of amendments—indictable offences
s 450	ins A2008‑44 amdt 1.91
	exp 30 May 2010 (s 453)
Application of certain other amendments
s 451	ins 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 451A	ins 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 452	ins A2008‑44 amdt 1.91
	exp 30 May 2010 (s 453)
Expiry—ch 11
s 453	ins A2008‑44 amdt 1.91
	exp 30 May 2010 (s 453)
Transitional—Sexual and Violent Offences Legislation Amendment Act 2008
ch 12 hdg	ins A2008‑41 s 35
	om A2009‑24 amdt 1.41
Application of amendments
s 460	ins A2008‑41 s 35
	om A2009‑24 amdt 1.41
Expiry—ch 12
s 461	ins A2008‑41 s 35
	om A2009‑24 amdt 1.41
Declaration and validation
ch 13 hdg	ins A2016‑37 amdt 1.30
	exp 29 June 2016 (s 472)
Declaration
s 470	ins A2016‑37 amdt 1.30
	exp 29 June 2016 (s 472)
Validation 
s 471	ins A2016‑37 amdt 1.30
	exp 29 June 2016 (s 472)
Expiry—ch 13
s 472	ins A2016‑37 amdt 1.30
	exp 29 June 2016 (s 472)
Oath and affirmation of office
sch 1	orig 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 2	orig 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 3	am Ord1938‑25 (as am Ord1938‑35); Ord1976‑42; Ord1985‑67; A1991‑44
	om A2001‑44 amdt 1.2771
Fees
sch 4	am Ord1937‑5; Ord1937‑28
	om Ord1953‑14

sch 5	om Ord1953‑14
Witnesses’ expenses
sch 6	om Ord1953‑14
Dictionary
dict	ins 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
	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 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
	def claim ins A2004‑60 amdt 1.413
	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
	def driver ins A2004‑60 amdt 1.413
	def escort ins A2004‑60 amdt 1.413
	om A2006‑23 amdt 1.268
	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 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 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 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 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
	def State 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
	def Territory entity ins A2004‑60 amdt 1.413
	om A2010‑21 amdt 1.18
	def Territory 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

5	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 1992	3 Aug 1992–
27 Nov 1992	A1992‑37	initial republication since self-government	
R1 (RI)
23 Feb 2006	3 Aug 1992–
27 Nov 1992	A1992‑37	reissue of printed version and includes retrospective amendments by A1996‑6	
R1A
23 Feb 2006	23 Nov 1992–
28 Feb 1993	A1992‑37	amendments by A1992‑9 and includes retrospective amendments by A1996‑6	
R1B
23 Feb 2006	1 Mar 1993–
7 Mar 1993	A1993‑2	amendments by A1993‑2 and includes retrospective amendments by A1996‑6	
R1C
23 Feb 2006	8 Mar 1993–
31 Aug 1993	A1993‑4	amendments by A1993‑4 and includes retrospective amendments by A1996‑6	
R1D
23 Feb 2006	1 Sept 1993–
26 Sept 1993	A1993‑4	amendments by A1993‑4 and includes retrospective amendments by A1996‑6	
R1E
23 Feb 2006	27 Sept 1993–
16 Dec 1993	A1993‑48	amendments by A1993‑48 and includes retrospective amendments by A1996‑6	
R2
31 Dec 1993	17 Dec 1993–
13 Mar 1994	A1993‑91	amendments by A1993‑91 and includes retrospective amendments by A1996‑6	
R2 (RI)
23 Feb 2006	17 Dec 1993–
13 Mar 1994	A1993‑91	reissue of printed version	
R2A
23 Feb 2006	1 July 1994–
10 Oct 1994	A1994‑45	amendments by A1994‑4, A1994‑10 and A1994‑38 and includes retrospective amendments by A1996‑6	
R2B
23 Feb 2006	11 Oct 1994–
28 Nov 1994	A1994‑66	amendments by A1994‑66 and includes retrospective amendments by A1996‑6	
R3
10 Apr 1995	10 Apr 1995–
17 Dec 1995	A1994‑81	amendments by A1994‑45, 
A1994‑61 and A1994‑81 and includes retrospective amendments by A1996‑6	
R3 (RI)
23 Feb 2006	10 Apr 1995–
17 Dec 1995	A1994‑81	reissue of printed version	
R3A
23 Feb 2006	18 Dec 1995–
6 May 1996	A1995‑46	amendments by A1995‑46 and includes retrospective amendments by A1996‑6	
R3B
23 Feb 2006	12 Sept 1996–
31 Dec 1996	A1996‑6	amendments by A1995‑41 and A1996‑6	
R3C
23 Feb 2006	17 May 1997–
29 May 1997	A1996‑82	amendments by A1996‑68, 
A1996‑74 and A1996‑82	
R4
30 May 1997	30 May 1997–
22 Sept 1997	A1997‑25	amendments by A1997‑25	
R4 (RI)
23 Feb 2006	30 May 1997–
22 Sept 1997	A1997‑25	reissue of printed version	
R4A
23 Feb 2006	23 Sept 1997–
24 May 1998	A1997‑41	amendments by A1997‑41	
R5
1 June 1998	1 June 1998–
18 Oct 1998	A1997‑96	amendments by A1997‑94 and A1997‑96	
R5 (RI)
23 Feb 2006	1 June 1998–
18 Oct 1998	A1997‑96	reissue of printed version	
R6
31 Mar 1999	31 Mar 1999–
30 Apr 1999	A1999‑12	amendments by A1998‑25, 
A1998‑38, 
A1998‑54 and A1998‑67	
R6 (RI) 
23 Feb 2006	31 Mar 1999–
30 Apr 1999	A1999‑12	reissue of printed version	
R6A
23 Feb 2006	1 Sept 1999–
9 Nov 1999	A1999‑34	amendments by A1999‑12, 
A1999‑22 and A1999‑34	
R6B
23 Feb 2006	24 Dec 1999–
29 Feb 2000	A1999‑91	amendments by A1999‑59, 
A1999‑61, 
A1999‑66 and A1999‑91	
R6C
23 Feb 2006	10 May 2000–
31 May 2000	A2000‑1	amendments by A1999‑64, 
A1999‑79 and A2000‑1	
R6D
23 Feb 2006	1 June 2000–
8 Sept 2000	A2000‑17	amendments by A2000‑17	
R7
20 Nov 2000	5 Oct 2000–
4 Sept 2001	A2000‑60	amendments by A2000‑1 and A2000‑60	
R7 (RI) 
23 Feb 2006	5 Oct 2000–
4 Sept 2001	A2000‑60	reissue of printed version	
R8
12 Sept 2001	27 Sept 2001–
30 Nov 2001	A2001‑90	amendments by A2001‑44, 
A2001‑56, 
A2001‑63 and A2001‑70	
R9
3 Dec 2001	1 Dec 2001–
13 Mar 2002	A2001‑90	amendments by A2001‑62	
R10
14 Mar 2002	14 Mar 2002–
26 Mar 2002	A2002‑2	amendments by A2001‑77 and A2002‑2	
R11*
27 Mar 2002	27 Mar 2002–
30 June 2002	A2002‑2	amendments by A2001‑90	
R12
1 July 2002	1 July 2002–
12 Sept 2002	A2002‑2	amendments by A2001‑18	
R13
13 Sept 2002	13 Sept 2002–
16 Sept 2002	A2002‑2	commenced expiry	
R14
17 Sept 2002	17 Sept 2002–
10 Oct 2002	A2002‑30	amendments by A2002‑30	
R15
11 Oct 2002	11 Oct 2002–
31 Dec 2002	A2002‑36	amendments by A2002‑36	
R16
1 Jan 2003	1 Jan 2003–
30 Mar 2003	A2002‑36	repealed amendments by A2001‑64	
R16 (RI)
12 Feb 2003	1 Jan 2003–
30 Mar 2003	A2002‑36	reissue to include retrospective amendments by A2002‑49	
R17*
31 Mar 2003	31 Mar 2003–
11 Oct 2003
	A2003‑2	amendments by A2003‑2	
R18
12 Oct 2003	12 Oct 2003–
18 Dec 2003	A2003‑2	commenced expiry	
R19
19 Dec 2003	19 Dec 2003–
21 Mar 2004	A2003‑56	amendments by A2003‑56	
R20
22 Mar 2004	22 Mar 2004–
8 Apr 2004	A2004‑2	amendments by A2004‑2	
R21
9 Apr 2004	9 Apr 2004–
29 Apr 2004	A2004‑15	amendments by A2004‑15	
R22
30 Apr 2004	30 Apr 2004–
25 June 2004	A2004‑15	amendments by A2003‑48	
R23
26 June 2004	26 June 2004–
24 Aug 2004	A2004‑15	amendments by A2004‑14	
R24
25 Aug 2004	25 Aug 2004–
29 Sept 2004	A2004‑47	amendments by A2004‑42	
R25
30 Sept 2004	30 Sept 2004–
9 Jan 2005	A2004‑47	amendments by A2004‑42 and A2004‑47	
R26 (RI)
8 June 2005	10 Jan 2005–
23 Feb 2005	A2004‑60	amendments by A2004‑60 and includes textual correction in s 312	
R27 (RI)
8 June 2005	24 Feb 2005–
24 Mar 2005	A2005‑7	amendments by A2005‑5 and A2005‑7 and includes textual correction in s 312	
R28 (RI)
8 June 2005	25 Mar 2005–
1 June 2005	A2005‑13	amendments by A2005‑13 and includes textual correction in s 312	
R29 (RI)
8 June 2005	2 June 2005–
22 Nov 2005	A2005‑20	amendments by A2005‑20 and includes textual correction in s 312	
R30
23 Nov 2005	23 Nov 2005–
21 Dec 2005	A2005‑53	amendments by A2005‑53	
R31
22 Dec 2005	22 Dec 2005–
10 Jan 2006	A2005‑60	amendments by A2005‑60	
R32*
11 Jan 2006	11 Jan 2006–
1 June 2006	A2005‑60	commenced expiry	
R33
2 June 2006	2 June 2006‑
1 July 2006	A2006‑23	amendments by A2006‑23	
R34
2 July 2006	2 July 2006‑
18 Dec 2006	A2006‑23	commenced expiry	
R35
19 Dec 2006	19 Dec 2006‑
31 Dec 2006	A2006‑55	amendments by A2006‑55	
R36
1 Jan 2007	1 Jan 2007–
9 Nov 2007	A2006‑55	amendments by A2006‑40 as amended by A2006‑55	
R37
10 Nov 2007	10 Nov 2007–
17 Dec 2007	A2007‑15	amendments by A2007‑8	
R38
18 Dec 2007	18 Dec 2007–
19 Dec 2007	A2007‑44	amendments by A2007‑15	
R39
20 Dec 2007	20 Dec 2007–
15 Apr 2008	A2007‑44	amendments by A2007‑44	
R40
16 Apr 2008	16 Apr 2008–
28 July 2008	A2008‑6	amendments by A2008‑6	
R41
29 July 2008	29 July 2008–
26 Aug 2008	A2008‑22	amendments by A2008‑22	
R42
27 Aug 2008	27 Aug 2008–
1 Feb 2009	A2008‑29	amendments by A2008‑29	
R43
2 Feb 2009	2 Feb 2009–
26 Feb 2009	A2008‑46	amendments by A2008‑36 and A2008‑37	
R44
27 Feb 2009	27 Feb 2009–
7 Mar 2009	A2008‑46	amendments by A2008‑19 and A2008‑20	
R45
8 Mar 2009	8 Mar 2009–
29 Mar 2009	A2009‑7	amendments by A2008‑42	
R46
30 Mar 2009	30 Mar 2009–
29 May 2009	A2009‑7	amendments by A2008‑46	
R47
30 May 2009	30 May 2009–
3 Sept 2009	SL2009‑20	amendments by A2008‑41, A2008‑44 and A2009‑7 and modifications by SL2009‑20	
R48
4 Sept 2009	4 Sept 2009–
28 Sept 2009	A2009‑24	amendments by A2009‑24	
R49
29 Sept 2009	29 Sept 2009–
21 Oct 2009	A2009‑24	amendments by A2009‑19	
R50
22 Oct 2009	22 Oct 2009–
30 Oct 2009	A2009‑37	amendments by A2009‑37	
R51
31 Oct 2009	31 Oct 2009–
16 Dec 2009	SL2009‑51	modifications by SL2009‑2 as amended by SL2009‑51	
R52
17 Dec 2009	17 Dec 2009–
21 Dec 2009	A2009‑49	amendments by A2009‑49	
R53
22 Dec 2009	22 Dec 2009–
2 Mar 2010	A2009‑54	amendments by A2009‑54	
R54
3 Mar 2010	3 Mar 2010–
27 Apr 2010	A2009‑54	amendments by A2009‑22	
R55*
28 Apr 2010	28 Apr 2010–
30 May 2010	A2010‑13	amendments by A2010‑13	
R56
31 May 2010	31 May 2010–
30 June 2010	A2010‑13	commenced expiry	
R57
1 July 2010	1 July 2010–
27 Sept 2010	A2010‑21	amendments by A2010‑21	
R58
28 Sept 2010	28 Sept 2010–
1 Nov 2010	A2010‑30	amendments by A2010‑30	
R59
2 Nov 2010	2 Nov 2010–
27 Feb 2011	A2010‑40	amendments by A2010‑40	
R60
28 Feb 2011	28 Feb 2011–
30 June 2011	A2010‑40	expiry of transitional provisions (ch 10)	
R61
1 July 2011	1 July 2011–
24 July 2011	A2011‑22	amendments by A2011‑22	
R62
25 July 2011	25 July 2011–
30 Aug 2011	A2011‑22	amendments by A2011‑13	
R63
31 Aug 2011	31 Aug 2011–
20 Sept 2011	A2011‑30	amendments by A2011‑30	
R64
21 Sept 2011	21 Sept 2011–
11 Dec 2011	A2011‑30	amendments by A2011‑28	
R65
12 Dec 2012	12 Dec 2012–
29 Feb 2012	A2011‑52	amendments by A2011‑52	
R66
1 Mar 2012	1 Mar 2012–
11 Apr 2012	A2011‑52	amendments by A2011‑48	
R67
12 Apr 2012	12 Apr 2012–
23 Apr 2013	A2012‑13	amendments by A2012‑13	
R68*
24 Apr 2013	24 Apr 2013–
7 Nov 2013	A2013‑12	amendments by A2013‑12	
R69
8 Nov 2013	8 Nov 2013–
11 Nov 2013	A2013‑43	amendments by A2013‑43	
R70
12 Nov 2013	12 Nov 2013–
9 Feb 2014	A2013‑45	amendments by A2013‑45	
R71
10 Feb 2014	10 Feb 2014–
1 Apr 2014	A2013‑52	amendments by A2013‑52	
R72
2 Apr 2014	2 Apr 2014–
20 Apr 2015	A2014-1	amendments by A2014-1	
R73
21 Apr 2015	21 Apr 2015–
9 Dec 2015	A2015-10	amendments by A2015-10	
R74
10 Dec 2015	10 Dec 2015–
26 Apr 2016	A2015-52	amendments by A2015-52	
R75
27 Apr 2016	27 Apr 2016–
28 June 2016	A2016-18	amendments by A2016-18	
R76
29 June 2016	29 June 2016–
29 June 2016	A2016-37	amendments by A2016-37	
R77
30 June 2016	30 June 2016–
30 June 2016	A2016-37	expiry of validation provisions (ch 13)	
R78
1 July 2016	1 July 2016–
31 Aug 2016	A2016-37	amendments by A2016-12	
R79
1 Sept 2016	1 Sept 2016–
13 Oct 2016	A2016-52	amendments by A2016-52	

6	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.

©  Australian Capital Territory 2016