South Australia
Summary Procedure Act 1921
An Act to make provision for the procedures of the Magistrates Court in criminal proceedings and for other purposes.

Contents
Part 1—Introductory
1	Short title
4	Interpretation
5	Classification of offences
6	Powers of Supreme Court may be exercised by a Judge in Chambers
7	Abolition of rule as to disputed title
8	Industrial offences
Part 3—General procedure
20	Form of warrant
22	Form of summons
22A	Description of offence
27	Service
27A	Service of summons by post
27B	Hearing on a written plea of guilty
27C	Hearing where defendant fails to appear
28	Proof by affidavit of service etc
29	Assistance of counsel
Part 4—Summary jurisdiction
Division 2—Complaint and subsequent proceedings
49	Complaint
51	Joinder and separation of charges
52	Limitation on time in which proceedings may be commenced
54	Allegations and descriptions in complaints and proceedings
56	Exceptions or exemptions need not be specified or disproved by the complainant
57	Issue of summons
57A	Procedure enabling written plea of guilty
58	Issue of warrant
59	Defendant to be brought before Court
60	Forms of custody etc
Division 3—The hearing
61	Sittings to be in open court but witnesses and other persons may be ordered to leave the Court
62	Proceedings on non-appearance of defendant
62A	Power to proceed in absence of defendant
62B	Powers of court on written plea of guilty
62BA	Proceedings where defendant neither appears nor returns written plea of guilty
62C	Proceedings in absence of defendant
62D	Proof of previous convictions
63	Non-appearance of complainant
64	If both parties appear, court to hear and determine the case
67	When defendant pleads guilty, court to convict or make an order
68	Procedure on plea of not guilty
69	After hearing the parties court to convict or dismiss
69A	Examination of defendant
Division 4—Judgment
70	Conviction to be minuted
70A	Convictions where charges joined in the complaint
70B	Conviction for attempt where full offence charged
71	Order and certificate of dismissal
76A	Power to set aside conviction or order
76B	Correction of conviction or order
Division 7—Restraining orders
99	Restraining orders
99AA	Paedophile restraining orders
99A	Complaints
99B	Complaints by telephone
99C	Issue of restraining order in absence of defendant
99CA	Special provisions relating to non-police complaints for section 99 restraining orders
99D	Firearms orders
99E	Service
99F	Variation or revocation of restraining order
99G	Notification of making etc of restraining orders
99H	Registration of foreign restraining orders
99I	Offence to contravene or fail to comply with restraining order
99J	Complaints or applications by or on behalf of child
99K	Burden of proof
99L	Relation to Domestic Violence Act
Part 5—Indictable offences
Division 1—Charges of indictable offences
101	Information of indictable offence
102	Joinder and separation of charges
103	Procedure in the Magistrates Court
Division 2—Preliminary examination of charges
104	Preliminary examination of charges of indictable offences
105	Procedure at preliminary examination
106	Taking of evidence at preliminary examination
107	Evaluation of evidence at preliminary examination
Division 3—Forum for trial or sentence
108	Forum for sentence
109	Forum for trial
110	Change of forum
111	Change of plea following committal for sentence
Division 4—Procedure following committal for trial or sentence
112	Remand of defendant
113	Material to be forwarded by Registrar
Division 5—Cases where Court itself deals with minor indictable offences
114	Procedural provisions of Criminal Law Consolidation Act
Part 7—Supplementary provisions
181	Charges
182	Orders, warrants etc
183	Remand to training centre
184	Application may be made to Court for transfer to a training centre
187AA	Cancellation of unexecuted warrants
187A	Proof of convictions or orders
188	Registration of orders for the purpose of enforcement
189	Costs
190	Witness fees
191	Fees
192	Regulations
Legislative history
Appendix—Divisional penalties and expiation fees

The Parliament of South Australia enacts as follows:
Part 1—Introductory
1—Short title
This Act may be cited as the Summary Procedure Act 1921.
4—Interpretation
	(1)	In this Act, unless inconsistent with the context—
the Chief Magistrate means the person for the time being holding, or acting in, the office of the Chief Magistrate under the Magistrates Act 1983;
complaint includes a charge of a minor indictable offence, if, and when, the Magistrates Court proceeds to dispose of such charge summarily;
Court means the Magistrates Court of South Australia;
defendant means person charged with any offence or against whom relief is sought or granted;
firearms order means an order under section 99D supplementary to an order under section 99;
foreign restraining order means an order made under a law of another State or a Territory of the Commonwealth or New Zealand declared by regulation to be a law corresponding to Division 7 of Part 4;
industrial magistrate means a magistrate assigned by the Governor under section 19A of the Fair Work Act 1994 to be an industrial magistrate;
industrial offence means a summary offence declared by regulation under this Act to be an industrial offence;
investigating officer means—
	(a)	an officer of the police force; or
	(b)	a person authorised under an Act to investigate offences;
major indictable offence means any indictable offence except a minor indictable offence;
minor indictable offence—see section 5;
offence of violence means an offence where the offender—
	(a)	uses a weapon, or threatens to use a weapon, against another; or
	(b)	inflicts serious harm on another, or threatens to inflict serious harm on another,
for the purpose of committing the offence, or escaping from the scene of the offence;
personal service of a summons or notice means service under section 27(1); and the adverb "personally" when used in relation to the verb "to serve" has a corresponding meaning;
the Principal Registrar means the Principal Registrar of the Magistrates Court;
Registrar means the Principal Registrar or any other Registrar of the Magistrates Court;
relevant family contact order, in relation to a restraining order, means a Division 11 contact order within the meaning of Part 7 of the Family Law Act 1975 of the Commonwealth, as amended from time to time, that relates to contact between—
	(a)	the person for whose benefit, or against whom, the restraining order is made or sought; and
	(b)	a child of, or in the care of, either of those persons;
restraining order means an order under section 99 (including a firearms order supplementary to that order) or an order under section 99AA;
rules means the rules of the Magistrates Court;
sexual offence means—
	(a)	rape; or
	(b)	indecent assault; or
	(c)	any offence involving unlawful sexual intercourse or an act of gross indecency; or
	(d)	incest; or
	(e)	any attempt to commit or assault with intent to commit, any of the foregoing offences;
Special Act means statute, rule, regulation, or by-law authorising the making of the conviction or order, or the determination or adjudication in question, or otherwise specially applicable to the case;
summary offence—see section 5;
telephone includes any telecommunication device.
	(2)	A reference in the provisions of this Act other than Part 7 to a solicitor shall be deemed to include a reference to a law clerk articled to the solicitor and appearing on the solicitor's instructions.
Note—
For definition of divisional penalties (and divisional expiation fees) see Appendix.
5—Classification of offences
	(1)	Offences are divided into the following classes:
	(a)	summary offences;
	(b)	indictable offences—comprising minor indictable offences and major indictable offences.
	(2)	A summary offence is—
	(a)	an offence that is not punishable by imprisonment;
	(b)	an offence for which a maximum penalty of, or including, imprisonment for two years or less is prescribed;
	(c)	an offence against Part 5 of the Criminal Law Consolidation Act 1935 involving $2 500 or less not being—
	(ai)	an offence against Division 3 of that Part (robbery); or
	(i)	an offence of violence; or
	(ii)	an offence that is one of a series of offences of the same or a similar character involving more than $2 500 in aggregate,
but an offence for which a maximum fine exceeding twice a Division 1 fine is prescribed is not a summary offence.
	(3)	All offences apart from summary offences are indictable and of these—
	(a)	the following are minor indictable offences:
	(i)	those not punishable by imprisonment but for which a maximum fine exceeding twice a Division 1 fine is prescribed;
	(ii)	those for which the maximum term of imprisonment does not exceed 5 years;
	(iii)	those for which the maximum term of imprisonment exceeds 5 years and which fall into one of the following categories:
	(A)	an offence involving interference with, damage to or destruction of property where the loss resulting from commission of the offence does not exceed $30 000;
	(B)	an offence against section 24(2) of the Criminal Law Consolidation Act 1935 (recklessly causing harm to another);
	(C)	an offence against section 56 of the Criminal Law Consolidation Act 1935 (indecent assault) (not being an offence committed against a child under the age of 14 years);
	(D)	an offence involving $30 000 or less against Part 5 of the Criminal Law Consolidation Act 1935, other than an offence against Division 3 (robbery) or an offence of violence;
	(E)	an offence against section 169(1) or 170(1) of the Criminal Law Consolidation Act 1935 (serious criminal trespass etc) where the offence is a basic offence within the meaning of that Act and the intended offence is an offence of dishonesty (not being an offence of violence) involving $30 000 or less or an offence of interference with, damage to or destruction of property involving $30 000 or less; and
	(b)	all other indictable offences are major indictable offences.
	(3a)	For the purposes of the above classifications, an offence against Part 5 of the Criminal Law Consolidation Act 1935 includes—
	(a)	an offence of attempting to commit such an offence; or
	(b)	an offence of aiding, abetting, counselling or procuring such an offence; or
	(c)	an offence of conspiring to commit such an offence; or
	(d)	an offence of being an accessory after the fact to such an offence.
	(4)	For the purposes of the above classifications, an offence will be taken to involve a particular sum of money if that sum represents—
	(a)	the amount or value of the benefit that the offender would have gained through commission of the offence; or
	(b)	the amount of the loss that would have resulted from commission of the offence,
assuming that the offence had been successfully completed and the offender had escaped detection.
	(5)	If a law prescribes differential maximum penalties, then for the purposes of classifying the offence in accordance with the above rules, it will be taken to create separate offences which are (where necessary) to be separately classified in accordance with the above rules.
	(6)	Where an offence may be either a summary offence or an indictable offence according to the circumstances surrounding its commission, or the antecedents of the defendant, and the offence is designated as a summary offence in the complaint charging the offence, then, subject to subsection (8), the circumstances and the defendant's antecedents will be conclusively presumed to be such as to make the offence a summary offence.
	(7)	Where an offence may be either a minor indictable offence or a major indictable offence according to the circumstances surrounding its commission, or the antecedents of the defendant, and the offence is classified as a minor indictable offence in the information charging the offence, then, subject to subsection (8), the circumstances and the defendant's antecedents will be conclusively presumed to be such as to make the offence a minor indictable offence.
	(8)	A defendant may, in accordance with the rules, challenge the classification of an offence in the complaint or information charging the offence and for the purposes of such a challenge the above presumptions do not apply.
	(9)	Where a summary offence is erroneously dealt with as an indictable offence or a minor indictable offence is erroneously dealt with as a major indictable offence, the proceedings are not invalid but any penalties imposed should conform with what would be appropriate if the offence had been correctly classified at the inception of the proceedings.
	(10)	If the Act under which an offence is created classifies an offence in a manner inconsistent with this section, that classification prevails.
6—Powers of Supreme Court may be exercised by a Judge in Chambers
The authority and jurisdiction by this Act vested in the Supreme Court may, subject to any rules or orders of such Court in relation thereto, be exercised by a Judge of such Court sitting in court or in chambers.
7—Abolition of rule as to disputed title
The Court is not prevented from trying an offence by reason of the fact that the trial involves a dispute as to the title to property.
8—Industrial offences
A charge of an industrial offence must be set down for hearing by an industrial magistrate.

Part 3—General procedure
20—Form of warrant
	(1)	Every warrant for the apprehension of a defendant shall—
	(a)	state shortly the matter of the information or complaint upon which it is founded; and
	(b)	name or otherwise describe the defendant; and
	(c)	order the person or persons to whom it is directed to apprehend the defendant and bring him before the Court to answer the charge contained in the information or complaint, and to be further dealt with according to law.
	(2)	The warrant may be directed specially to any constable or other person by name, or generally to all constables and peace officers of the State, or both specially and generally as aforesaid; and where the warrant is directed generally it shall be lawful for any constable or other peace officer to execute such warrant in like manner as if the same had been specially directed to him by name.
	(3)	It shall not be necessary to make the warrant returnable at any particular time, but the same shall remain in force until it is executed.
	(4)	Every warrant may be executed by apprehending the defendant at any place within the State.
22—Form of summons
Subject to the provisions of section 57A every summons for the appearance of a defendant shall be in duplicate and—
	(a)	be directed to the defendant charged by the information or complaint:
	(b)	state shortly the matter so charged:
	(c)	require the defendant to be and appear before the Court at a specified time and place to answer to the charge contained in the information or complaint, and to be further dealt with according to law.
22A—Description of offence
	(1)	Every information, complaint, summons, warrant, or other document under this Act in which it is necessary to state the matter charged against any person shall be sufficient if it contains a statement of the specific offence with which the accused person is charged, together with such particulars as are necessary for giving reasonable information as to the nature of the charge.
	(2)	The statement of the offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and, if the offence charged is one created by statute, shall contain a reference to the section of the statute creating the offence.
	(3)	After the statement of the offence, necessary particulars of the offence shall be set out in ordinary language, in which the use of technical terms shall not be required.
27—Service
	(1)	Subject to the provisions of this or any other enactment specially applicable to the particular case, any summons or notice required or authorised by this Act to be served upon any person may be served upon such person by—
	(a)	delivering the same to him personally; or
	(b)	leaving the same for him at his last or most usual place of abode or of business with some other person, apparently an inmate thereof or employed thereat, and apparently not less than sixteen years of age.
	(2)	Subject to any other provision of this Act, where this Act authorises service of a notice on a party to proceedings by post, service of the notice may be effected by sending the notice by ordinary prepaid post (either alone or with other documents relating to the same proceedings) in an envelope addressed to the party at—
	(a)	the address appearing on the relevant complaint or summons as the address of that party; or
	(b)	where the person by whom the notice is to be given has notice of some more recent address of the party—that address,
and the notice shall be deemed to have been served at the time when it would, in the ordinary course of post, have reached the address to which it was posted.
	(3)	Where a summons or notice is served otherwise than by being delivered personally to the person on whom it is to be served, the Court may require the summons or notice to be re-served if there is reasonable cause to believe that the summons or notice has not come to the notice of the person to be served.
27A—Service of summons by post
	(1)	Subject to this section, where a public authority or public officer as defined in section 57A of this Act makes a complaint for a summary offence, not being an offence—
	(a)	punishable by imprisonment either for a first offence or for a subsequent offence; or
	(b)	in respect of which it is provided that a period of disqualification from holding or obtaining a licence to drive a motor vehicle shall be imposed,
any summons for the appearance of the defendant may, in lieu of any other mode of service provided for by this Act, be served on the defendant by posting the summons by ordinary prepaid post addressed to the defendant named in the summons at his last known or most usual place of abode or of business.
	(2)	Without limiting the effect of subsection (1) of this section and in the absence of circumstances making it appear to the court that the defendant resides or, as the case may be, carries on business elsewhere, the address of the defendant appearing on the summons referred to in that subsection shall be deemed to be his last known or most usual place of abode.
	(3)	Where—
	(a)	the affidavit of service of a summons referred to in subsection (1) of this section sets out the name and address of the person to which it was addressed and the time and place of the posting of the summons; and
	(b)	the time of the posting of the summons is—
	(i)	not more than four months after the day on which it is alleged that the offence to which the summons relates was committed or, in the case of an alleged offence against the Electoral Act 1985, not more than six months after that day; and
	(ii)	not less than twenty-eight days before the day on which the defendant is summoned to appear to answer to the charge,
that summons shall, in the absence of proof to the contrary, and notwithstanding any other enactment, be deemed to have been served on the defendant named therein at the time at which it would have been delivered in the ordinary course of post.
27B—Hearing on a written plea of guilty
Where a complaint and summons in the form and bearing the endorsements referred to in section 57A of this Act is, pursuant to subsection (3) of section 27A of this Act, deemed to have been served on the defendant named therein and that defendant fails to appear in obedience to that summons but has, pursuant to section 57A of this Act, pleaded guilty to the offence to which that summons relates, the court may proceed in the manner provided by section 62B and section 62C of this Act as if the summons had been served on the defendant in the manner provided for in section 27 of this Act.
27C—Hearing where defendant fails to appear
	(1)	Subject to this section, where a summons is, pursuant to subsection (3) of section 27A of this Act, deemed to have been served on the defendant named therein and the defendant fails to appear in obedience to that summons and, where the summons was in the nature of a complaint and summons in the form and bearing the endorsements referred to in section 57A of this Act, fails to plead guilty in the manner provided in that section to the offence to which the summons relates, the court may—
	(a)	proceed in the absence of the defendant to the hearing of the complaint, to which the summons relates, and, notwithstanding anything in section 62C of this Act, adjudicate thereon as fully and effectually as if the defendant had personally appeared in obedience to the summons; or
	(b)	order that the complaint may be heard in the absence of the defendant and adjourn the hearing and on the adjourned hearing proceed in the manner provided for in paragraph (a) of this subsection.
	(2)	Where a hearing is adjourned under subsection (1)(b), it is not necessary for the Court to be constituted of the same judicial officer at the adjourned hearing.
	(3)	Upon conviction after a hearing, pursuant to subsection (1) of this section, the court shall not—
	(a)	impose any penalty other than a fine; or
	(b)	disqualify the defendant from holding or obtaining a licence to drive a motor vehicle; or
	(c)	treat the offence as other than a first offence unless the complainant proves that the defendant has previously been convicted of such an offence; or
	(d)	fail to allow the defendant a reasonable time for the payment of any fine or other sum adjudged to be paid,
unless—
	(e)	the court has first adjourned the hearing of the complaint to a time and place appointed; and
	(f)	the defendant is personally served, not less than fourteen days before the time to which the hearing has been adjourned, with a notice informing him of—
	(i)	the conviction; and
	(ii)	the time and place to which the hearing has been adjourned; and
	(iii)	the provisions of section 76A; and
	(g)	the defendant does not, within fourteen days after the date of service of the notice upon him, apply in accordance with section 76A, for an order setting aside the conviction.
	(4)	Where a defendant, not being a defendant who has been personally served with a notice pursuant to paragraph (f) of subsection (3) of this section, is convicted after a hearing pursuant to subsection (1) of this section, the Registrar must, within seven days of that conviction, serve by post on the defendant a notice setting out the particulars of that conviction the penalty imposed, and of the provisions of section 76A.
	(5)	Where a defendant, who has been personally served with a notice pursuant to paragraph (f) of subsection (3) of this section, is convicted after a hearing pursuant to subsection (1) of this section, the Registrar must within seven days after the imposition of a penalty in respect of that conviction serve by post on the defendant a notice setting out the particulars of that conviction and the penalty imposed.
28—Proof by affidavit of service etc
	(1)	In any proceeding, without prejudice to any other mode of proof—
	(a)	the service on any person of any summons, notice, process, or document required or authorised to be served; or
	(b)	the handwriting of any officer or person on any warrant, summons, notice, process, or document; or
	(c)	the payment or tender, to any person summoned to attend as a witness, of any sum in respect of the costs or expenses of such attendance,
may be proved by an affidavit taken before a justice or before a commissioner for taking affidavits in the Supreme Court: Provided that the Court may require the person making such affidavit to be called as a witness, or require further evidence of the facts.
	(2)	Service may also be proved by tender of a certificate of service signed by the person who effected service.
	(3)	A document appearing to be an affidavit or certificate under this section may be accepted, without further evidence, as proof of the matters stated in it.
	(4)	A person who gives a false certificate under this section is guilty of an offence.
Maximum penalty: Imprisonment for two years.
29—Assistance of counsel
A party to proceedings before the Court may be represented by counsel.

Part 4—Summary jurisdiction
Division 2—Complaint and subsequent proceedings
49—Complaint
	(1)	Where a person is suspected of having committed a summary offence, a complaint may be made in accordance with the rules charging that person with the offence.
	(2)	A complaint may be made by the complainant personally or by a legal practitioner or other person duly authorised to make the complaint on the complainant's behalf.
	(3)	If the complaint is made orally, it must be reduced to writing.
	(4)	A complaint need not be made on oath unless—
	(a)	some Special Act requires the complaint to be made on oath; or
	(b)	a warrant for the arrest of the defendant is to be issued.
	(5)	A complaint must be filed in the Court as soon as practicable after it is made.
51—Joinder and separation of charges
	(1)	A person may be charged with any number of summary offences in the same complaint (either cumulatively or in the alternative) if the charges arise from the same set of circumstances or from a series of circumstances of the same or a similar character.
	(2)	The Court may direct that—
	(a)	charges contained in a single complaint be dealt with in separate proceedings; or
	(b)	charges contained in separate complaints be dealt with together in the same proceedings.
52—Limitation on time in which proceedings may be commenced
	(1)	Subject to any provision of an Act to the contrary, if a person is to be prosecuted for a summary offence, the proceedings must be commenced within the following time limits:
	(a)	in the case of an expiable offence—
	(i)	if an expiation notice was given to the person—the proceedings must be commenced within 6 months of the expiry of the expiation period specified in the notice;
	(ii)	if an expiation notice was not given to the person—the proceedings must be commenced within 6 months of the date on which the offence is alleged to have been committed;
	(b)	in the case of an offence that is not expiable—the proceedings must be commenced within 2 years of the date on which the offence is alleged to have been committed.
	(2)	For the purposes of subsection (1), an expiation notice is to be taken into account despite its subsequent withdrawal except if the notice of withdrawal specifies that it is withdrawn because—
	(a)	the issuing authority has received a statutory declaration or other document sent to the authority by the alleged offender in accordance with a notice required by law to accompany the expiation notice or expiation reminder notice; or
	(b)	it has become apparent that the alleged offender did not receive the notice until after the expiation period, or has never received it, as a result of error on the part of the authority or failure of the postal system,
(in which case the withdrawn expiation notice is to be disregarded).
54—Allegations and descriptions in complaints and proceedings
	(1)	Whenever in any complaint, or the proceedings thereon, it is necessary to state the ownership of any property belonging to, or in the possession of, partners, joint tenants, parceners, or tenants in common, it shall be sufficient to name one of such persons, and to state the property to belong to the person so named and another or others (as the case may be).
	(2)	Whenever in any complaint or the proceedings thereon it is necessary to mention for any purpose whatsoever any partners, joint tenants, parceners, or tenants in common, it shall be sufficient to describe them in the same manner.
	(3)	Whenever in any complaint or the proceedings thereon it is necessary to describe the ownership of any work or building made, maintained, or repaired at the expense of any public board of commissioners or trustees, or of any materials for the making, altering, or repairing of the same, it shall be sufficient to describe the same as the property of such commissioners or trustees without naming them.
56—Exceptions or exemptions need not be specified or disproved by the complainant
	(1)	No exception, exemption, proviso, excuse, or qualification (whether it does or does not accompany in the same section the description of the offence in the Special Act or other document creating the offence) need be specified or negatived in the complaint.
	(2)	Any such exception, exemption, proviso, excuse, or qualification as aforesaid may be proved by the defendant, but, whether it is or is not specified or negatived in the complaint, no proof in relation to it shall be required on the part of the complainant.
57—Issue of summons
	(1)	When a complaint has been made and filed in the Court, the Court must, subject to subsection (2), issue a summons for the appearance of the defendant.
	(2)	No summons need be issued—
	(a)	where the relevant law under which the complaint is made provides for the matter to be dealt with in the absence of the defendant; or
	(b)	where the defendant is already before the Court; or
	(c)	where a warrant is issued to have the defendant arrested and brought before the Court.
	(3)	If when a complaint is filed in the Court the whereabouts of the defendant is unknown, the Court may defer issuing a summons until informed of a place at which service might be effected.
57A—Procedure enabling written plea of guilty
	(1)	Where a public authority or public officer makes a complaint for a summary offence not punishable by imprisonment either for a first or subsequent offence, he may, by using a form of complaint and summons bearing the endorsements prescribed by the rules, and causing two copies thereof to be served on the defendant, initiate a procedure whereby the defendant may plead guilty without appearing in court in obedience to the summons.
	(2)	A defendant upon whom forms of complaint and summons are served pursuant to this section may plead guilty to the charge specified therein by completing the form on one copy thereof and signing his name thereto before a justice of the peace for any State or Territory of the Commonwealth or a solicitor duly admitted and entitled to practise as such in any State or Territory of the Commonwealth or a police officer of any such State or Territory, and by serving the completed form as provided by subsection (4) hereof not less than three clear days before the date of hearing specified therein.
	(3)	A defendant may, if he wishes, complete that part of the form relating to submissions on the question of penalty, but his failure to complete that part of the form shall not be construed as a failure to comply with this section.
	(4)	The completed form must be returned to the Registrar—
	(a)	by delivering it at an office of the Court; or
	(b)	by sending it by post to the Principal Registrar at an address shown on the form.
	(6)	Any defendant who returns a form pleading guilty which complies with this section need not attend the court as directed by the summons.
	(7)	Where a defendant who has been served with forms of complaint and summons pursuant to this section fails to return a form pleading guilty which complies with this section and fails to appear in obedience to the summons, the court may, subject to subsection (7) of section 62B, proceed to exercise its powers under paragraph (a) or (b) of section 62.
	(7a)	Where—
	(a)	the defendant named in a complaint and summons bearing the endorsements mentioned in subsection (1) gives written notice to the Registrar of his intention to plead not guilty to the charge; and
	(b)	the Registrar, by notice served personally or by post on the defendant, notifies him of a time and place at which the court will proceed with the hearing of the charge,
the summons shall have effect as if the time and place notified by the Registrar were substituted for the time and place fixed in the summons for the hearing of the complaint.
	(8)	Where a complainant uses the form of complaint and summons prescribed by the rules he shall be deemed to be a public authority or a public officer lawfully acting pursuant to subsection (1) hereof unless the defendant satisfies the court to the contrary.
	(9)	Any defendant who has been charged upon complaint with a summary offence not punishable by imprisonment either for a first or subsequent offence, and who has been served with a summons issued pursuant to section 57, may plead guilty without appearing in court in obedience to the summons by completing and returning the form prescribed by subsection (1) of this section, whereupon the provisions of this section and sections 62B and 62C shall apply.
	(10)	This section shall not apply in relation to a defendant who is a child within the meaning of the Children's Protection and Young Offenders Act 1979 except where the defendant—
	(a)	is of or above the age of sixteen years; and
	(b)	is charged with an offence under the Road Traffic Act 1961.
	(11)	In this section—
public authority means—
	(a)	any instrumentality or agency of the Crown in right of the State or the Commonwealth; or
	(b)	the Corporate Affairs Commission; or
	(c)	a municipal or district council; or
	(d)	any county board or local board of health; or
	(e)	any body declared by proclamation to be a public authority;
public officer means—
	(a)	any member of the Police Force of the State or the Commonwealth or any other officer or employee of the State or the Commonwealth; or
	(b)	any officer or employee of a public authority.
	(12)	The Governor may, by proclamation, declare a body to be a public authority for the purposes of this section and may, by subsequent proclamation, vary or revoke any such declaration.
58—Issue of warrant
The Court may issue a warrant to have the defendant arrested and brought before the Court if—
	(a)	the allegations in the complaint are substantiated on oath; or
	(b)	the defendant fails to appear in obedience to a summons and the Court is satisfied that the summons was served a reasonable time before the time appointed for the hearing.
59—Defendant to be brought before Court
	(1)	A defendant who has been arrested under a warrant must be brought before the Court.
	(2)	If it is not practicable to deal immediately with the matter for which the defendant has been brought before the Court, the Court may remand the defendant in custody, or on bail, to appear before the Court at a time and place fixed in the order for remand.
60—Forms of custody etc
	(1)	When a defendant is apprehended under a warrant or is remanded upon any adjournment of the hearing, the Court may commit the defendant—
	(a)	by warrant to the nearest prison or to some place of security; or
	(b)	verbally to the custody of the constable or other person who has apprehended him; or
	(c)	verbally to such other safe custody as the Court deems fit,
and the Court must order the defendant to be brought before the Court at some stated time and place, of which order the complainant shall have due notice.
	(2)	In any such case, the Court may, instead of committing the defendant to prison or some other form of custody, release him on bail.

Division 3—The hearing
61—Sittings to be in open court but witnesses and other persons may be ordered to leave the Court
	(1)	The room in which any court sits shall be deemed an open and public court, to which the public generally may have access so far as the same can conveniently contain them, and subject to the provisions hereinafter contained.
	(2)	The court may, if it thinks fit, order that all witnesses (except the parties and any of their witnesses whom it sees fit to except) shall go and remain outside and beyond the hearing of the court until required to give evidence.
	(3)	Nothing herein contained shall restrict the power of the court under Part 8 of the Evidence Act 1929 or require any case to be heard in open court if it is, by any Special Act, required or authorised to be heard in camera.
62—Proceedings on non-appearance of defendant
	(1)	If the defendant fails to appear in obedience to the summons the court may—
	(a)	issue a warrant as provided by section 58, and adjourn the hearing until the defendant is apprehended; or
	(b)	upon proof that the summons was served a reasonable time before the time thereby appointed for his appearance, proceed in the absence of the defendant to the hearing of the complaint and subject to section 62C to adjudicate thereon as fully and effectually, to all intents and purposes, as if the defendant had personally appeared before it in obedience to the summons; or
	(ba)	upon proof that the summons was served a reasonable time before the time thereby appointed for the defendant's appearance, order that the complaint may be heard in the absence of the defendant and adjourn the hearing; or
	(c)	if the defendant has pleaded guilty in writing pursuant to section 57A proceed in the manner provided by sections 62B and 62C.
	(2)	At a hearing adjourned pursuant to paragraph (ba) of subsection (1) of this section, the court may proceed in the absence of the defendant to the hearing of the complaint and subject to section 62C of this Act adjudicate thereon as fully and effectually, to all intents and purposes, as if the defendant had personally appeared before it in obedience to the summons.
	(3)	Where a hearing is adjourned under subsection (1), the Court need not be constituted at the adjourned hearing of the same judicial officer as ordered the adjournment.
62A—Power to proceed in absence of defendant
	(1)	If a person who has been apprehended (whether under a warrant or without a warrant), and released on bail fails to appear at the time and place appointed for the hearing of a complaint laid or to be laid against him, the court may in its discretion hear the complaint in the absence of the defendant, and may adjudicate thereon as fully and effectually, to all intents and purposes, as if the defendant had appeared at that time and place.
	(2)	This section shall apply whether the defendant is discharged pursuant to powers granted by this or any other Act.
62B—Powers of court on written plea of guilty
	(1)	Where a defendant fails to appear in obedience to the summons but serves a form pleading guilty which complies with section 57A, the court shall not have power to issue a warrant for the apprehension of the defendant, on the ground of non-appearance, but may upon proof of service of the complaint and summons and upon production of the form duly completed, convict, and subject to this section, adjudicate thereon as fully and effectually to all intents and purposes as if the defendant had personally appeared before it in obedience to the summons and had pleaded guilty and made the same submissions as to penalty as are set out in the form.
	(2)	Where the completed form is apparently a genuine document purporting to be signed by the defendant before a justice of the peace, or a solicitor, or a police officer, proof of any of the signatures, or of the official capacity of any witness of the defendant's signature, shall not be required and the court may receive and act upon such document.
	(3)	The prosecutor may recite to the court any relevant matters alleged against the defendant in the same way as if the defendant had personally appeared and pleaded guilty.
	(4)	Nothing herein contained shall prejudice any application by a defendant to withdraw his plea of guilty at any time prior to the hearing and determination of the complaint made against him and the court before whom the defendant appears to answer the complaint may permit a withdrawal of the plea upon such terms as may be just.
	(5)	Where a defendant in a form under section 57A states matters which, if true, would indicate that he has a valid defence to the complaint, or which differ substantially in relevant particulars from the matters recited to the court by the prosecutor, the court may strike out the plea of guilty, adjourn the hearing of the complaint to a time and place appointed and order that the defendant be served with a summons as provided by section 57. Thereupon the complaint shall be dealt with as though the previous summons had not been issued, and the provisions of this section and section 57A shall no longer apply.
	(6)	Where a defendant who has served a form pleading guilty which complies with section 57A, is convicted, the court shall not—
	(a)	impose any sentence of imprisonment on the defendant; or
	(b)	disqualify the defendant from holding or obtaining a licence to drive a motor vehicle, unless the procedure prescribed in section 62C is followed; or
	(c)	treat the offence as other than a first offence unless the complainant proves that the defendant has been previously convicted; or
	(e)	subject to subsection (7) hereof, order the defendant to pay witness fees.
	(7)	Where a defendant serves a form pleading guilty which complies with the provisions of section 57A with one exception, namely that the form is served less than three clear days before the date of hearing, the form shall be deemed to comply with section 57A, and the provisions of this section shall apply, except that the court may order the defendant to pay witness fees.
	(8)	Where a defendant is convicted under this section, the Principal Registrar must forthwith, either personally or by post, give the defendant written notice of the conviction and of any fine or other monetary sum to be paid and of the time and manner of payment. Service by post under this section may be effected by notice addressed to the defendant at the address shown on the form pleading guilty and shall be deemed to be effected at the time at which such notice would in the ordinary course of post be delivered at the address of the defendant.
62BA—Proceedings where defendant neither appears nor returns written plea of guilty
	(1)	Where in any proceedings under this Act—
	(a)	a complaint has been made by a public authority or public officer within the meaning of section 57A of this Act; and
	(b)	the defendant has been duly served with a summons but does not appear at the time and place appointed for the hearing or determination of the complaint or at a time and place at which the complaint is subsequently heard or determined, or, in the case of a complaint and summons served under section 57A of this Act, he neither so appears nor pleads guilty in the manner provided by that section,
the court may proceed to adjudicate on the complaint in the absence of the defendant in the manner provided by, and subject to the conditions in, section 62 of this Act, but may in so doing regard any allegation contained in the summons, or complaint and summons, (as served upon the defendant) as sufficient evidence of the matter alleged.
	(1a)	If the court finds the charge proved, the prosecutor may recite to the court any relevant matters alleged against the defendant in the same way as if the defendant had personally appeared and pleaded guilty.
	(2)	Allegations are contained in a summons, or complaint and summons, for the purposes of subsection (1) of this section if they are contained in, annexed to, or accompany, the summons or complaint and summons.
	(3)	The allegations referred to in subsection (1) of this section may include particulars of the alleged offence and of the circumstances in which it is alleged to have been committed.
	(4)	Where a complaint purports to have been made by a public authority or public officer within the meaning of section 57A of this Act, it shall be presumed to have been so made in the absence of proof to the contrary.
	(5)	The provisions of this section are supplementary to, and do not derogate from, any other statutory provisions regulating the hearing and determination of a complaint.
62C—Proceedings in absence of defendant
	(1)	Where a defendant fails to appear in obedience to a summons and is convicted (whether upon a plea of guilty under section 57A of this Act or after a hearing in his or her absence) the court shall not impose upon the defendant—
	(a)	any disqualification from holding or obtaining a licence to drive a motor vehicle; or
	(b)	any sentence of imprisonment,
unless the court has first adjourned the hearing of the complaint to a time and place appointed and stated by the court in order to enable the defendant to appear for the purpose of making submissions on the question of penalty.
	(2)	The Registrar shall forthwith after such adjournment either personally or by post give written notice to the defendant on the form prescribed by the rules, informing him of the purpose for which the hearing of the complaint was adjourned and of his right to be heard at the adjourned hearing.
	(3)	If at the time and place so appointed—
	(a)	the defendant appears; or
	(b)	the defendant fails to appear and it is proved that the notice in writing was served on him either personally or by post,
the court may, according to the circumstances, order that he be imprisoned or disqualified from holding or obtaining a licence to drive a motor vehicle, or both.
	(3a)	If it appears to the court that, after making due inquiry and exercising reasonable diligence, the Registrar was unable to give a defendant the notice referred to in subsection (2) of this section, the court may, notwithstanding any other provision of this section, proceed to determine the question of penalty and make its order thereon as fully and effectually as if the defendant had been duly given the notice.
	(4)	Service by post under this section may be effected by notice addressed to the defendant at the address shown on the summons or the form pleading guilty under section 57A and shall be deemed to be effected at the time at which such notice would in the ordinary course of post be delivered at the address of the defendant.
	(5)	The contents of a notice, including the date of postage and service, may be proved by the production of a document purporting to be a copy of the notice and having endorsed thereon a certificate purporting to be signed by the Registrar to the effect that the document is a true copy of the notice served on or posted to the defendant named therein at the address and on the day stated therein, and that in the ordinary course of post the notice would be delivered at the defendant's address on the day stated therein.
	(6)	Where a hearing is adjourned under subsection (1), the Court need not be constituted at the adjourned hearing of the same judicial officer as ordered the adjournment.
62D—Proof of previous convictions
	(1)	Where a defendant is served, at least three days before the hearing of the complaint, with a notice signed by the complainant and—
	(a)	stating particulars of any previous convictions of the defendant; and
	(b)	stating that those particulars may be alleged against him at the hearing of the complaint,
the prosecutor may, after the court has convicted the defendant of the offence alleged in the complaint, tender a copy of the notice in evidence before the court.
	(2)	The court may regard an allegation contained in any such notice as sufficient evidence of the matter alleged.
	(3)	A notice under this section may be served personally or by post.
	(4)	If the prosecution tenders a copy of a notice under this section as evidence of convictions, it is not precluded from tendering other evidence of the same or other convictions.
63—Non-appearance of complainant
	(1)	If the defendant appears in obedience to the summons, or is brought before the court by virtue of any warrant, then if the complainant, having had due notice, does not appear in person or by his counsel or solicitor, the court shall dismiss the complaint, unless for some reason it thinks proper to adjourn the hearing.
64—If both parties appear, court to hear and determine the case
If both parties appear before the court, either in person or by their respective counsel or solicitors, then the court shall proceed to hear and determine the matter of the complaint.
67—When defendant pleads guilty, court to convict or make an order
	(1)	When the defendant is present at the hearing the substance of the complaint shall be stated to him, and he shall be asked if he has any cause to show why he should not be convicted or why an order should not be made against him (as the case may be).
	(2)	If the defendant admits the truth of the complaint, and shows no sufficient cause why he should not be convicted, or why an order should not be made against him, the court shall convict him or make an order against him accordingly.
68—Procedure on plea of not guilty
	(1)	If the defendant does not admit the truth of the complaint the court shall proceed to hear—
	(a)	the complainant and his witnesses and any other evidence which he adduces in support of his complaint; and
	(b)	the defendant and his witnesses and any other evidence which he adduces in his defence; and
	(c)	any evidence which the complainant adduces in reply if the defendant adduces any evidence other than as to his, the defendant's, general character.
	(2)	Subject to the provisions of section 12 of the Evidence Act 1929 every witness shall be examined upon oath.
	(3)	The practice before the Court upon the hearing of any complaint with respect to the examination and cross-examination of witnesses and the right of addressing the court in reply, or otherwise, shall be in accordance, as nearly as may be, with the practice for the time being of the Supreme Court upon the trial of an action.
69—After hearing the parties court to convict or dismiss
When the parties and their evidence have been heard, the court shall consider the whole matter and determine the same, and shall convict or make an order against the defendant or dismiss the complaint, as the case may require: Provided that the court may, at any time before the matter has been finally determined, without determining the same permit the complaint to be withdrawn, upon such terms (if any) as it thinks fit.
69A—Examination of defendant
	(1)	Where the Court finds proved any matter alleged in a complaint (not being a charge of an offence), the court may order that the defendant be examined by a physician, psychiatrist or psychologist directed by the court to conduct the examination and that the defendant submit to the examination.
	(2)	Before making any other order in respect of the defendant, the court may consider and act upon a report on the defendant prepared by the person who conducted the examination: Provided that before the order is made—
	(a)	the contents of the report shall be made known to the defendant, or his counsel or solicitor, if the defendant or his counsel or solicitor so requests;
	(b)	the defendant, or his counsel or solicitor shall, if he so desires, be given an opportunity of cross-examining the person who prepared the report on the matters therein dealt with;
	(c)	the court shall, if so required by the defendant, or his counsel or solicitor, procure the attendance of that person before the court for cross-examination.
	(3)	For the purpose of enabling the defendant to be examined as mentioned in this section, the court may order that the defendant be taken to a suitable place for the examination.
	(4)	This section shall not apply where the defendant is a child under the age of eighteen years.

Division 4—Judgment
70—Conviction to be minuted
	(1)	When the court convicts or makes an order against the defendant a minute or memorandum of the conviction or order shall then be made.
	(2)	No fee shall be paid for any such minute or memorandum.
70A—Convictions where charges joined in the complaint
	(1)	Where charges for more than one offence have been joined in the same complaint, pursuant to this Act, the court may—
	(a)	convict the defendant of such one or more of those offences as it finds proved:
	(b)	include any number of offences in a minute or memorandum of conviction or in any formal conviction.
	(2)	This section shall apply notwithstanding anything contained in the Special Act.
70B—Conviction for attempt where full offence charged
If upon the trial of a person charged with an offence (whether a summary offence or a minor indictable offence) it appears to the court upon the evidence that the defendant did not complete the offence charged, but that he was guilty only of an attempt to commit that offence, the court may convict him of an attempt to commit the offence charged and thereupon he shall be liable to be punished in the same manner as if he had been convicted upon a complaint for such an attempt.
71—Order and certificate of dismissal
	(1)	If the court dismisses the complaint a minute or memorandum shall be made as aforesaid, and the court may, on being required to do so and if it thinks fit, draw up an order of dismissal and give the defendant a certificate thereof.
	(2)	A certificate of dismissal shall, upon production and without further proof, be a bar to any subsequent complaint for the same matter against the same party.
76A—Power to set aside conviction or order
	(1)	The Court may, on its own initiative or on the application of any party, set aside a conviction or order.
	(2)	An application to set aside a conviction or order under this section must be made within 14 days after the applicant receives notice of the conviction or order.
	(3)	The Court may set aside a conviction or order under this section if satisfied—
	(a)	that the parties consent to have it set aside; or
	(b)	that the conviction or order was made in error; or
	(c)	that it is in the interests of justice to set aside the conviction or order.
	(4)	Where the Court sets aside a conviction or order under this section it may, without further formality—
	(a)	proceed to re-hear the proceedings in which the conviction or order was made; or
	(b)	adjourn the proceedings for subsequent re-hearing.
76B—Correction of conviction or order
The Court may, on its own initiative or on the application of any party, correct an error in a conviction or order.

Division 7—Restraining orders
99—Restraining orders
	(1)	On a complaint under this Division, the Court may make a restraining order against the defendant if—
	(a)	there is a reasonable apprehension that the defendant may, unless restrained, cause personal injury or damage to property or behave in an intimidating or offensive manner; and
	(b)	the Court is satisfied that the making of the order is appropriate in the circumstances.
	(2)	For the purposes of this section, a defendant behaves in an intimidating or offensive manner if on two or more separate occasions—
	(a)	the defendant follows a person; or
	(b)	the defendant loiters outside the place of residence of a person or some other place frequented by the person; or
	(c)	the defendant enters or interferes with property occupied by, or in the possession of, a person; or
	(d)	the defendant—
	(i)	gives or sends offensive material to a person or leaves offensive material where it will be found by, given to, or brought to the attention of a person; or
	(ii)	publishes or transmits offensive material by means of the internet or some other form of electronic communication in such a way that the offensive material will be found by, or brought to the attention of, a person; or
	(da)	the defendant communicates with a person, or to others about a person, by way of mail, telephone (including associated technology), facsimile transmission or the internet or some other form of electronic communication; or
	(e)	the defendant keeps a person under surveillance; or
	(f)	the defendant takes any other action in relation to a person or a person's property,
so as to reasonably arouse in the person apprehension or fear of personal injury or damage to property or any significant apprehension or fear.
	(2a)	The Court may—
	(a)	in determining whether there is a reasonable apprehension that the defendant may, unless restrained, cause personal injury or damage to property or behave in an intimidating or offensive manner, take into account events that have taken place outside of this State; and
	(b)	make a restraining order against a defendant whether resident in or outside of this State.
	(2ab)	For the purposes of this section, the circumstances of a dealing with material may be taken into account in determining whether the material was offensive material but, if material was inherently offensive material, the circumstances of a dealing with the material cannot be taken to have deprived it of that character.
	(2b)	If a defendant disputes some or all of the grounds on which a restraining order is sought or made but consents to the order, the Court may make or confirm the order without receiving any further submissions or evidence as to the grounds.
	(3)	A restraining order may impose such restraints on the defendant as are necessary or desirable to prevent the defendant acting in the apprehended manner.
	(3a)	Without limiting the effect of subsection (3), if the defendant has possession of a weapon or article (other than a firearm) that has been used, or that there is some reason to believe might be used, by the defendant to threaten or injure a person or to damage property, a restraining order may—
	(a)	order that the weapon or article be confiscated and disposed of or dealt with as directed by the Court; and
	(b)	if the circumstances of the case so require—authorise a member of the police force to enter any premises in which such a weapon or article is suspected to be, and search for and take possession of the weapon or article.
	(3b)	If a restraining order that includes an order for the confiscation of a weapon or article is subject to confirmation and the restraining order is not confirmed, any weapon or article confiscated under the order must be returned to the defendant.
	(4)	The Court may make a restraining order restraining the defendant from entering premises, or limiting the defendant's access to premises, whether or not the defendant has a legal or equitable interest in the premises.
	(5)	In considering whether or not to make a restraining order and in considering the terms of the order, the Court must have regard to—
	(a)	the welfare of any children who may be affected by the order; and
	(b)	the accommodation needs of any person who may be affected by the order; and
	(c)	any relevant family contact order of which the Court has been informed; and
	(d)	how the restraining order would be likely to affect contact (in accordance with a relevant family contact order or otherwise) between—
	(i)	the person for whose benefit, or against whom, the order is sought; and
	(ii)	any child of, or in the care of, either of those persons.
	(6)	The complainant must inform the Court of any relevant family contact order, or any pending application for a relevant family contact order, of which the complainant is aware (but a restraining order is not invalid merely because the complainant fails to so inform the Court).
99AA—Paedophile restraining orders
	(1)	On a complaint under this Division, the Court may make a restraining order against the defendant if—
	(a)	the defendant has been found loitering near children; and
	(b)	—
	(i)	the defendant has been found guilty of a child sexual offence within the previous five years; or
	(ii)	the defendant, having been sentenced to imprisonment for a child sexual offence, has been released from prison within the previous five years; or
	(iii)	the defendant has been found loitering near children on at least one previous occasion and there is reason to think that the defendant may, unless restrained, again loiter near children; and
	(c)	the Court is satisfied that the making of the order is appropriate in the circumstances.
	(2)	A restraining order under this section may restrain the defendant from—
	(a)	loitering near children at or in the vicinity of a specified place or class of places or in specified circumstances; or
	(b)	loitering near children in any circumstances.
	(3)	In considering whether or not to make a restraining order under this section and in considering the terms of the restraining order, the Court must have regard to the following:
	(a)	whether the defendant's behaviour has aroused, or may arouse, reasonable apprehension or fear in a child or other person;
	(b)	whether there is reason to think that the defendant may, unless restrained, commit a child sexual offence or otherwise act inappropriately in relation to a child;
	(c)	the prior criminal record (if any) of the defendant;
	(d)	any evidence of sexual dysfunction suffered by the defendant;
	(e)	any apparent pattern in the defendant's behaviour, any apparent connection between the defendant's behaviour and the presence of children and any apparent justification for the defendant's behaviour;
	(f)	any other matter that, in the circumstances of the case, the Court considers relevant.
	(4)	For the purposes of this section—
	(a)	a defendant loiters near children if—
	(i)	the defendant loiters, without reasonable excuse, at or in the vicinity of a school, public toilet or place at which children are regularly present; and
	(ii)	children are present at the school, toilet or place at the time of the loitering; and
	(b)	a child sexual offence means any of the following offences committed against or in relation to a child under 16 years of age (including a substantially similar offence against a corresponding previous enactment or the law of another place):
	(i)	rape;
	(ii)	indecent assault;
	(iii)	incest;
	(iv)	an offence involving unlawful sexual intercourse;
	(v)	an offence involving an act of gross indecency;
	(vi)	an offence involving child prostitution;
	(vii)	an offence involving indecency or sexual misbehaviour including an offence against Part 3 Division 11A of the Criminal Law Consolidation Act 1935 or against section 23 or 33 of the Summary Offences Act 1953;
	(viii)	an attempt to commit, or assault with intent to commit, any of the offences referred to in the above subparagraphs;
	(ix)	any other offence (such as homicide or abduction), if there are reasonable grounds to believe that any of the offences referred to in the above subparagraphs was also committed by the same person against or in relation to the child in the course of, or as part of events surrounding, the commission of the offence.
99A—Complaints
A complaint may be made—
	(a)	by a member of the police force; or
	(b)	by a person against whom, or against whose property, the behaviour that forms the subject matter of the complaint has been, or may be, directed.
99B—Complaints by telephone
	(1)	A complaint may be made and dealt with by telephone as follows:
	(a)	the complainant must be—
	(i)	a member of the police force who establishes his or her identity and official position in a manner acceptable to the Court; or
	(ii)	a person introduced by a member of the police force who establishes his or her identity and official position in a manner acceptable to the Court;
	(b)	the Court must satisfy itself (as far as practicable) that the complaint is genuine, and that the case is of sufficient urgency to justify making a restraining order without requiring the personal attendance of the complainant, by the oral questioning of the complainant and any other available witnesses by telephone;
	(c)	if the Court is then satisfied that it is appropriate to make a restraining order, the member of the police force who made the complaint or introduced the complainant—
	(i)	must make out, in accordance with directions communicated by the Court by telephone, a document in the form required by the rules comprising—
	(A)	the terms of the Court's order; and
	(B)	a summons requiring the defendant to appear before the Court at a specified time and place to show cause why the order should not be confirmed; and
	(ii)	must return a copy of the completed document, or send it by facsimile, to the Court;
	(d)	if the Court is not satisfied that it is an appropriate case for making a restraining order without requiring the personal attendance of the complainant, the Court may adjourn the hearing of the complaint to a time and place fixed by the Court and inform the complainant of the time and place so fixed.
	(2)	Proceedings conducted by telephone under this section—
	(a)	need not be open to the public;
	(b)	must be recorded by audio tape or other form of recording from which sound can be produced.
	(3)	The Court may, from time to time without requiring the attendance of any party, adjourn the hearing to which a defendant is summoned under subsection (1)(c) to a later date if satisfied that the summons has not been served or that there is other adequate reason for the adjournment.
	(4)	The date fixed in the first instance for the hearing to which a defendant is summoned under subsection (1)(c) must be within 7 days of the date of the order, and the date fixed under subsection (3) for an adjourned hearing must be within 7 days of the date on which the adjournment is ordered, unless the Court is satisfied—
	(a)	that a later date is required to enable the summons to be served; or
	(b)	that there is other adequate reason for fixing a later date.
	(5)	A restraining order issued on a complaint made by telephone without requiring the personal attendance of the defendant—
	(a)	continues in force until the conclusion of the hearing to which the defendant is summoned, or, if the hearing is adjourned, until the conclusion of the adjourned hearing; but
	(b)	will not be effective after the conclusion of the hearing to which the defendant is summoned, or the adjourned hearing, unless the Court confirms the order—
	(i)	on failure of the defendant to appear at the hearing in obedience to the summons; or
	(ii)	having considered any evidence given by or on behalf of the defendant; or
	(iii)	with the consent of the defendant.
	(5a)	The Court may confirm a restraining order in an amended form.
	(6)	If a hearing is adjourned under this section, the Court need not be constituted at the adjourned hearing of the same judicial officer as ordered the adjournment.
	(7)	If a member of the police force has reason to believe that a complaint is being or is about to be made against a person by telephone, the member may—
	(a)	require the person to remain at a particular place while the complaint is made and dealt with so that any order or summons made or issued on the complaint may be served on the person; and
	(b)	if the person refuses or fails to comply with the requirement or the member has reasonable grounds to believe that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for—
	(i)	so long as may be necessary for the complaint to be made and dealt with and any order or summons made or issued to be served on the person; or
	(ii)	two hours,
whichever is the lesser.
99C—Issue of restraining order in absence of defendant
	(1)	A restraining order may be made in the absence of the defendant if the defendant was required by summons or conditions of bail to appear at the hearing of the complaint and failed to appear in obedience to the summons.
	(2)	A restraining order may be made in the absence of the defendant and despite the fact that the defendant was not summoned to appear at the hearing of the complaint, but in that case, the Court must summon the defendant to appear before the Court to show cause why the order should not be confirmed.
	(3)	The Court may make an order under subsection (2) on the basis of evidence received in the form of an affidavit but, in that case—
	(a)	the deponent must, if the defendant so requires, appear personally at the proceedings for confirmation of the order to give oral evidence of the matters referred to in the affidavit; and
	(b)	if the deponent does not appear personally to give evidence in pursuance of such a requirement, the Court may not rely on the evidence contained in the affidavit for the purpose of confirming the order.
	(3a)	Subsections (2) and (3) have effect subject to section 99CA.
Note—
If the Court decides not to make an order under subsection (2), section 57 requires the Court to issue a summons subject to section 57(2), or, if the complaint, having a defect of substance or form, cannot be cured by amendment by the Court, section 181 enables the Court to dismiss the complaint.
In cases to which section 99CA applies, the Court is required to dismiss complaints that are not supported by oral evidence and has a further power to dismiss complaints in certain circumstances.
	(4)	The Court may, from time to time without requiring the attendance of any party, adjourn the hearing to which a defendant is summoned under subsection (2) to a later date if satisfied that the summons has not been served or that there is other adequate reason for the adjournment.
	(5)	The date fixed in the first instance for the hearing to which a defendant is summoned under subsection (2) must be within 7 days of the date of the order, and the date fixed under subsection (4) for an adjourned hearing must be within 7 days of the date on which the adjournment is ordered, unless the Court is satisfied—
	(a)	that a later date is required to enable the summons to be served; or
	(b)	that there is other adequate reason for fixing a later date.
	(6)	A restraining order made under subsection (2)—
	(a)	continues in force until the conclusion of the hearing to which the defendant is summoned or, if the hearing is adjourned, until the conclusion of the adjourned hearing; but
	(b)	will not be effective after the conclusion of the hearing to which the defendant is summoned, or the adjourned hearing, unless the Court confirms the order—
	(i)	on failure of the defendant to appear at the hearing in obedience to the summons; or
	(ii)	having considered any evidence given by or on behalf of the defendant; or
	(iii)	with the consent of the defendant.
	(7)	The Court may confirm a restraining order in an amended form.
	(8)	If a hearing is adjourned under this section, the Court need not be constituted at the adjourned hearing of the same judicial officer as ordered the adjournment.
99CA—Special provisions relating to non-police complaints for section 99 restraining orders
	(1)	This section applies to a complaint under this Division where—
	(a)	the complainant is not a member of the police force; and
	(b)	the complaint is not made by telephone by a person introduced by a member of the police force; and
	(c)	the restraining order sought is a restraining order under section 99.
	(2)	On a complaint to which this section applies, the following provisions apply despite any other provisions of this Act:
	(a)	the Court must not issue a summons for the appearance of the defendant and must dismiss the complaint unless it is supported by oral evidence;
	(b)	in addition to the discretion whether to make an order under section 99C(2), the Court has, subject to this subsection, a discretion to refuse to issue a summons for the appearance of the defendant and to dismiss the complaint;
	(c)	in determining whether to exercise the discretion under paragraph (b) to dismiss the complaint, the Court must take into account—
	(i)	whether it might be appropriate and practicable for the parties to attempt to resolve the matter through mediation or by some other means; and
	(ii)	whether the complaint is in the nature of a cross application; and
	(iii)	any other matters that the Court considers relevant;
	(d)	without limiting the circumstances in which the Court may exercise the discretion, the Court may exercise the discretion under paragraph (b) to dismiss the complaint if satisfied that the complaint is frivolous, vexatious, without substance or has no reasonable prospect of success;
	(e)	there is a presumption against exercising the discretion under paragraph (b) to dismiss the complaint if the complaint discloses allegations of—
	(i)	an offence involving personal violence; or
	(ii)	an offence of stalking under section 19AA of the Criminal Law Consolidation Act 1935;
	(f)	if the Court exercises the discretion under paragraph (b) to dismiss the complaint, it must record the reasons for doing so in writing.
99D—Firearms orders
	(1)	Subject to subsection (2), when the Court makes a restraining order under section 99, it must also make the following supplementary orders:
	(a)	if the defendant has possession of a firearm—
	(i)	an order that the firearm be confiscated, and disposed of or dealt with as directed by the Court; and
	(ii)	if the circumstances of the case so require—an order authorising a member of the police force to enter any premises in which such a firearm is suspected to be, and search for and take possession of any such firearm; and
	(b)	if the defendant has a licence or permit to be in possession of a firearm—an order that the licence or permit be cancelled and delivered up to the Registrar of Firearms; and
	(c)	an order that the defendant be disqualified from holding or obtaining a licence or permit to be in possession of a firearm; and
	(d)	an order that the defendant be prohibited from possessing a firearm in the course of his or her employment.
	(2)	If the restraining order is subject to confirmation—
	(a)	an order for confiscation of a firearm must provide for the return of any confiscated firearm to the defendant if the restraining order is not confirmed; and
	(b)	if the defendant has a licence or permit to be in possession of a firearm—an order will be made in the first instance for the suspension of the licence or permit until the court determines whether to confirm the restraining order, but if the restraining order is confirmed, an order must then be made for the cancellation of the licence or permit and its delivery up to the Registrar of Firearms; and
	(c)	an order disqualifying the defendant from holding or obtaining a licence or permit to be in possession of a firearm will lapse if the restraining order is not confirmed; and
	(d)	an order prohibiting the defendant from possessing a firearm in the course of his or her employment will lapse if the restraining order is not confirmed.
99E—Service
	(1)	A restraining order must be served on the defendant personally and is not binding on the defendant until it has been so served.
	(2)	If a restraining order is confirmed in an amended form or is varied before being confirmed or at any other time, the order in its amended form must be served on the defendant personally and until so served—
	(a)	the variation is not binding on the defendant; but
	(b)	the order as in force prior to the variation continues to be binding on the defendant.
	(3)	If a member of the police force has reason to believe that a person is subject to a restraining order that has not been served on the person, the member may—
	(a)	require the person to remain at a particular place for—
	(i)	so long as may be necessary for the order, and, if the order is subject to confirmation, the summons to appear before the Court to show cause why the order should not be confirmed, to be served on the person; or
	(ii)	two hours,
whichever is the lesser; and
	(b)	if the person refuses or fails to comply with the requirement or the member has reasonable grounds to believe that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for the period referred to in paragraph (a).
	(4)	The Court may, when making a firearms order, order that a member of the police force, the complainant or the defendant serve a copy of the firearms order on an employer of the defendant specified by the Court in whose employment the Court has reason to believe the defendant may be supplied with or have access to a firearm.
99F—Variation or revocation of restraining order
	(1)	The Court may vary or revoke a restraining order on application—
	(a)	by a member of the police force; or
	(b)	by the person for whose benefit the order was made; or
	(c)	by the defendant.
	(1a)	An application for variation or revocation of a restraining order may only be made by the defendant with the permission of the Court and permission is only to be granted if the Court is satisfied there has been a substantial change in the relevant circumstances since the order was made or last varied.
	(2)	A firearms order cannot be revoked unless the Court is satisfied—
	(a)	that the restraining order should be revoked in its entirety; or
	(b)	that the defendant has never been guilty of violent or intimidatory conduct and needs to have a firearm for purposes related to earning a livelihood.
	(3)	The Court must, before varying or revoking a restraining order under this section—
	(a)	allow all parties a reasonable opportunity to be heard on the matter; and
	(b)	have regard to the same factors that the Court is required to have regard to in considering whether or not to make a restraining order and in considering the terms of a restraining order.
99G—Notification of making etc of restraining orders
	(1)	Where a restraining order is made, the Principal Registrar must forward a copy of the order to the Commissioner of Police and, if the complainant is not a member of the police force, the complainant.
	(2)	Where a restraining order is varied or revoked, the Principal Registrar must notify the Commissioner of Police, and, where the complainant is not a member of the police force, the complainant, of the variation or revocation.
99H—Registration of foreign restraining orders
	(1)	The Principal Registrar may, subject to the rules, register a foreign restraining order in the Court.
	(2)	Subject to subsection (3), a registered foreign restraining order has the same effect, and may be enforced in the same way, as a restraining order made under this Division.
	(3)	The Court may—
	(a)	give such directions; and
	(b)	make such adaptations or modifications to the order (as it applies in this State),
as the Court considers necessary or desirable for the effective operation of the order in this State.
	(4)	The Court may—
	(a)	vary a registered foreign restraining order as it applies in this State; or
	(b)	cancel the registration of a foreign restraining order,
at any time on application—
	(c)	by a member of the police force; or
	(d)	by the person for whose benefit the order was made; or
	(e)	by the person against whom the order was made.
	(5)	If a foreign restraining order is registered under this section, the Principal Registrar must forward a copy of the order to the Commissioner of Police.
	(6)	If the Court varies a registered foreign restraining order as it applies in this State, or cancels the registration of the order, the Principal Registrar must notify the Commissioner of Police of the variation or cancellation.
99I—Offence to contravene or fail to comply with restraining order
	(1)	A person who contravenes or fails to comply with a restraining order or a registered foreign restraining order is guilty of an offence.
Maximum penalty: Division 5 imprisonment.
	(2)	If a member of the police force has reason to suspect that a person has committed an offence against subsection (1), the member may, without warrant, arrest and detain that person.
	(3)	A person arrested and detained under subsection (2) must be brought before the Court as soon as practicable, and, in any event, not more than 24 hours after arrest, to be dealt with for the offence.
	(4)	In calculating the time that has elapsed since arrest for the purposes of subsection (3), no period falling on a Saturday, Sunday or public holiday will be counted.
99J—Complaints or applications by or on behalf of child
A complaint or application that could otherwise be made by a person under this Division may, if the person is a child, be made—
	(a)	by the child with the permission of the Court, if the child has attained the age of 14 years; or
	(b)	on behalf of the child—
	(i)	by a parent or guardian of the child; or
	(ii)	by a person with whom the child normally or regularly resides.
99K—Burden of proof
In proceedings under this Division other than for an offence, the Court is to decide questions of fact on the balance of probabilities.
99L—Relation to Domestic Violence Act
A complaint made under this Division that could have been made under the Domestic Violence Act 1994 may be dealt with as if it had been made under that Act.

Part 5—Indictable offences
Division 1—Charges of indictable offences
101—Information of indictable offence
	(1)	Where a person is suspected of having committed an indictable offence triable in this State, an information may be laid, in accordance with the rules, charging that person with that offence.
	(2)	If the information is laid orally, it must be reduced to writing.
	(3)	An information must be filed in the Court as soon as practicable after it is laid.
102—Joinder and separation of charges
	(1)	A person may be charged with any number of offences in the same information (either cumulatively or in the alternative) if the charges arise from the same set of circumstances or from a series of circumstances of the same or a similar character.
	(2)	The charges joined in the same information under subsection (1) may include charges of the following three classes or any two of those classes:
	(a)	major indictable offences;
	(b)	minor indictable offences;
	(c)	summary offences.
	(3)	Subject to subsection (3a) if an information contains a charge of a major indictable offence, all charges of minor indictable or summary offences included in the same information will be dealt with according to the procedures applicable to major indictable offences and if the information includes a charge of a minor indictable offence, but no charge of a major indictable offence, all charges of summary offences included in the same information will be dealt with according to the procedures applicable to minor indictable offences (but the penalty that may be awarded for an offence is unaffected by the fact that the offence is dealt with according to procedures applicable to offences of a more serious class).
	(3a)	Where a person has been committed to a superior court for trial on an information which includes charges for both indictable offences and summary offences, the superior court may, if it thinks fit, order that the charges of summary offences be remitted to the Magistrates Court and dealt with in the same way as if the offences had been charged in a complaint.
	(4)	The Court may direct that—
	(a)	charges contained in a single information be dealt with in separate proceedings; or
	(b)	charges contained in separate informations be dealt with together in the same proceedings.
103—Procedure in the Magistrates Court
	(1)	Where an information charging an indictable offence has been filed in the Court—
	(a)	if the defendant is in custody—the Court may remand the defendant in custody or on bail to appear before the Court at a nominated time and place to answer the charge;
	(b)	if the defendant is not in custody—
	(i)	the Court may, if the charge has been substantiated on oath, issue a warrant to have the defendant arrested and brought before the Court and then, on the appearance of the defendant, remand him or her in custody or on bail to appear at a nominated time and place to answer the charge; or
	(ii)	the Court may appoint a time and place for the defendant to appear to answer the charge and issue a summons requiring the defendant to appear at the time and place so appointed.
	(2)	The defendant must be provided with a copy of the information and, if the defendant is charged with a minor indictable offence, the appropriate form for electing for trial in a superior court.
	(3)	If a defendant charged with a minor indictable offence does not elect, in accordance with the rules, for trial in a superior court, the charge will be dealt with in the same way as a charge of a summary offence.
	(3a)	However, in determining and imposing sentence, the Court is to observe procedural rules specifically applicable to indictable offences.1
	(4)	Where—
	(a)	two or more people are charged with committing a crime jointly; and
	(b)	one or more of the defendants elect for trial in a superior court; and
	(c)	one or more of the defendants fail to elect for trial in a superior court,
the Court may order that the defendants who have failed to elect for trial in a superior court be committed for trial in a superior court with the defendants who have so elected.
Note—
1	See in particular, section 9B of the Criminal Law (Sentencing) Act 1988.

Division 2—Preliminary examination of charges
104—Preliminary examination of charges of indictable offences
	(1)	Where a charge of an indictable offence is to proceed to a preliminary examination, the prosecutor must at least 14 days before the date appointed for the defendant's appearance to answer the charge—
	(a)	file in the Court in accordance with the rules—
	(i)	statements of witnesses for the prosecution on which the prosecutor relies as tending to establish the guilt of the defendant; and
	(ii)	copies of any documents on which the prosecutor relies as tending to establish the guilt of the defendant (other than documents that are, in the opinion of the prosecutor, of a pornographic nature or of only peripheral relevance to the subject matter of the charge); and
	(iii)	a document describing any other evidentiary material (including documents that have not been filed in the Court because of their pornographic nature or their peripheral relevance to the subject matter of the charge) on which the prosecutor relies as tending to establish the guilt of the defendant together with a statement of the significance that the material is alleged to have; and
	(iv)	all other material relevant to the charge (whether relevant to the case for the prosecution or the case for the defence) that is available to the prosecution except material exempt from production because of privilege or for some other reason; and
	(b)	give personally or by post to the defendant or a legal practitioner representing the defendant copies of all documentary material filed under paragraph (a).
	(2)	If material of the kind referred to in subsection (1)(a)(i) comes into the prosecutor's possession after the time appointed for filing in the Court and giving copies to the defendant or the defendant's legal representative, the prosecutor must comply with the above requirements in relation to that material as soon as practicable after it comes into the prosecutor's possession.
	(3)	A statement filed in the Court—
	(a)	must be in the form of a written statement verified by declaration in the form prescribed by the rules; and
	(b)	if—
	(i)	the statement is tendered for the prosecution and relates to an interview between an investigating officer and the defendant; and
	(ii)	a videotape or audiotape recording of the interview, or the reading over of a written record of the interview, was made under the Summary Offences Act 1953,1
must be accompanied by a copy of the videotape or audiotape.
	(4)	However, if the witness is a child under the age of 12 years or a person who is illiterate or suffers from an intellectual handicap, the following provisions apply:
	(a)	the witness's statement may be—
	(i)	in the form of a written statement taken down by an investigating officer at an interview with the witness and verified by the officer as an accurate record of the witness's oral statements at the interview so far as they are relevant to the subject matter of the charge; or
	(ii)	in the form of a videotape or audiotape record of an interview with the witness that is accompanied by a written transcript verified by an investigating officer who was present at the interview as a complete record of the interview; and
	(b)	if a videotape or audiotape is filed in the Court under paragraph (a)(ii), the prosecutor must—
	(i)	provide the defendant with a copy of the verified written transcript of the tape at least 14 days before the date appointed for the defendant's appearance to answer the charge or, if the tape comes into the prosecutor's possession on a later date, as soon as practicable after the tape comes into the prosecutor's possession; and
	(ii)	inform the defendant that the defendant is entitled to have the tape played over to the defendant or his or her legal representative (or both) and propose a time and place for the playing over of the tape; and
	(c)	the time proposed for playing the tape must be at least 14 days before the date appointed for the defendant's appearance to answer the charge or, if the tape comes into the prosecutor's possession at a later date, as soon as practicable after the tape comes into the prosecutor's possession (but the time and place may be modified by agreement).
	(5)	If the prosecutor relies on pornographic material as tending to establish the guilt of the defendant—
	(a)	the prosecutor must, at least 14 days before the date appointed for the defendant's appearance to answer the charge, inform the defendant of the nature of the material and appoint a time and place for inspection of the material by the defendant, the defendant's legal representative and any person who may be called to give expert evidence for the defendant; and
	(b)	ensure that the material is available for inspection at the appointed time and place (but the time and place of inspection may be modified by agreement).
	(6)	If—
	(a)	a statement filed in the Court under this section is false or misleading in a material particular; and
	(b)	the person by whom the statement was made—
	(i)	knew that the statement was to be used for the purposes of a prosecution; and
	(ii)	knew that the statement was false or misleading,
that person is guilty of an offence.
Maximum penalty: Division 5 imprisonment.
	(7)	Documentary material that is to be given to the defendant or a legal practitioner representing the defendant may be given by transmitting the material, in electronic form, to an internet address provided for the purpose by the intended recipient.
Note—
1	See section 74D of the Summary Offences Act 1953. The videotape or audiotape referred to here should be distinguished from the videotape or audiotape of an interview with a young child or a person who is illiterate or suffers from an intellectual handicap. (See subsection (4).) The Summary Offences Act 1953 establishes its own scheme under which a defendant may obtain access to a videotape or audiotape recording of an interview with the defendant under that Act. Hence there is no separate provision in this section for access to the recording (although the defendant is entitled to copies of the witness's statement and accompanying documentary material under subsection (1)(b)). However, where the witness is a young child, or a person who is illiterate or who suffers from an intellectual handicap, subsection (4) provides for access to the contents of the videotape or audiotape.
105—Procedure at preliminary examination
	(1)	In cases where the defendant does not appear personally at a preliminary examination to answer the charge, the Court will proceed with a preliminary examination as follows:
	(a)	if the defendant has, in accordance with the rules, returned a written plea admitting the charge, the Court will commit the defendant to a superior Court for sentence;
	(b)	if the defendant neither returns a written plea in accordance with the rules nor appears personally to answer the charge, the Court may—
	(i)	issue a summons requiring the defendant to appear at a nominated time and place to answer the charge (and if the defendant then fails to appear, issue a warrant to have the defendant arrested and brought before the Court); or
	(ii)	issue a warrant to have the defendant arrested and brought before the Court to answer the charge; or
	(iii)	if there is reason to believe that the defendant has absconded, or there is some other good reason for proceeding in the absence of the defendant—proceed with the preliminary examination as if the defendant had appeared and denied the charge.
	(2)	In cases where the defendant appears personally at a preliminary examination to answer the charge, the Court will proceed as follows:
	(a)	the charge will be read and the defendant will be asked how he or she pleads to it;
	(b)	the defendant may then—
	(i)	admit the charge;
	(ii)	deny the charge;
	(iii)	assert previous conviction or acquittal of the charge,
and if the defendant refuses or fails to plead to the charge, he or she will be taken to have denied the charge;
	(c)	the Court will then proceed as follows:
	(i)	if the defendant admits the charge—the defendant will be committed to a superior Court for sentence;
	(ii)	if the defendant denies the charge—the Court will consider the evidence for the purpose of determining whether it is sufficient to put the defendant on trial for an offence;
	(iii)	if the defendant asserts previous conviction or acquittal, the Court will reserve the questions raised by the plea for consideration by the Court of trial and proceed with the preliminary examination as if the defendant had denied the charge.
	(3)	The Court may exclude a defendant from a preliminary examination if his or her conduct is disruptive and may excuse a defendant from attendance at a preliminary examination for any proper reason.
	(4)	A defendant who has elected for trial of a minor indictable offence by a superior court may at any time before the conclusion of the preliminary examination withdraw the election and in that event—
	(a)	the charge will be dealt with in the same way as a charge of a summary offence; and
	(b)	the Court may, if the defendant agrees, admit evidence given or tendered at the preliminary examination.
	(4a)	However, in determining and imposing sentence, the Court is to observe procedural rules specifically applicable to indictable offences.1
	(5)	A defendant who has pleaded to a charge at or before a preliminary examination may withdraw the plea and substitute some other plea before the conclusion of the preliminary examination.
Note—
1	See in particular, section 9B of the Criminal Law (Sentencing) Act 1988.
106—Taking of evidence at preliminary examination
	(1)	Where a charge is not admitted by a defendant at a preliminary examination, the following procedure applies:
	(a)	the prosecutor will tender the statements and other material filed in the Court and the Court will, subject to any objections as to admissibility upheld by the Court, admit them in evidence;
	(b)	the prosecutor will call a witness whose statement has been filed in the Court for oral examination if—
	(i)	the defence has given notice, in accordance with the rules, that it requires production of that witness; and
	(ii)	the Court grants permission to call that witness for oral examination;
	(c)	the prosecutor may, with the permission of the Court, call oral evidence in support of the case for the prosecution;
	(d)	the defendant may give or call evidence;
	(e)	the prosecutor may call evidence in rebuttal of evidence given for the defence.
	(2)	The Court will not grant permission to call a witness for oral examination under subsection (1) unless it is satisfied that there are special reasons for doing so.
	(3)	In determining whether special reasons exist for granting permission to call a witness for oral examination, the Court must have regard to—
	(a)	the need to ensure that the case for the prosecution is adequately disclosed; and
	(b)	the need to ensure that the issues for trial are adequately defined; and
	(c)	the Court's need to ensure (subject to this Act) that the evidence is sufficient to put the defendant on trial; and
	(d)	the interests of justice,
but if the witness is the victim of an alleged sexual offence or a child under the age of 12 years, the Court must not grant permission unless satisfied that the interests of justice cannot be adequately served except by doing so.
	(4)	If a witness is called for oral examination the usual oath will be administered (unless the witness is not liable to the obligation of an oath) and the witness will be examined, cross-examined and re-examined in the usual manner.
107—Evaluation of evidence at preliminary examination
	(1)	The following principles govern the Court's approach to evidence at a preliminary examination:
	(a)	evidence will be regarded as sufficient to put the defendant on trial for an offence if, in the opinion of the Court, the evidence, if accepted, would prove every element of the offence;
	(b)	although the Court may reject evidence if it is plainly inadmissible, the Court will, if it appears that arguments of substance can be advanced for the admission of evidence, admit the evidence for the purpose of the preliminary examination, reserving any dispute as to its admissibility for determination by the Court of trial.
	(2)	If the Court, after completing its consideration of the evidence, is of the opinion that the evidence is not sufficient to put the defendant on trial for any offence, the Court will—
	(a)	reject the information; and
	(b)	if the defendant is in custody on the charges contained in the information (and for no extraneous reason)—order that the defendant be discharged from custody.
	(3)	If, after completing consideration of the evidence, the Court is of the opinion that the evidence is sufficient to put the defendant on trial for an offence—
	(a)	the Court will review the charges, as laid in the information, in order to ensure that they properly correspond to the offences for which there is, in the opinion of the Court, sufficient evidence to put the defendant on trial and make any necessary amendment to the information; and
	(b)	following the review of the charges—
	(i)	if the defendant stands charged with a major indictable offence—the Court will commit the defendant to a superior Court for trial;
	(ii)	if the defendant stands charged with a minor indictable offence but with no major indictable offence—the Court will, if the defendant has not previously elected for trial by a superior court on that charge, allow the defendant a reasonable opportunity to do so and, if the defendant does so elect, will commit the defendant to a superior Court for trial but otherwise will proceed to deal with the charge in the same way as a charge of a summary offence;
	(iii)	if the defendant stands charged with a summary offence but with no indictable offence—the Court will proceed to deal with the charge in the same way as if the proceedings had been commenced on complaint.
	(4)	The Court will not proceed to deal with a charge of a minor indictable offence in the same way as a charge of a summary offence unless it has satisfied itself that the defendant fully understands that he or she is entitled to elect for trial by jury.
	(5)	Where the Court commits a defendant for trial, the Court must—
	(a)	provide the defendant with a written statement in the prescribed form—
	(i)	setting out the more important statutory obligations of the defendant to be fulfilled in anticipation of trial; and
	(ii)	explaining that non-compliance with those obligations may have serious consequences; and
	(b)	give the defendant such further explanations of the trial procedure and the defendant's obligations in regard to the trial as the Court considers appropriate.
	(6)	If, in any legal proceedings, the question arises whether a defendant has been provided with the statement and explanations required by subsection (5), it will be presumed, in the absence of proof to the contrary, that the defendant has been provided with the statement and explanations.

Division 3—Forum for trial or sentence
108—Forum for sentence
Where the Court is to commit a defendant to a superior Court for sentence, the following principles govern the choice of forum:
	(a)	the defendant should be committed for sentence in the Supreme Court if—
	(i)	the admitted offence is treason, murder, or an attempt or conspiracy to commit, or assault with intent to commit, either of those offences; or
	(ii)	the gravity of the offences justifies, in the opinion of the Magistrates Court, committal to the Supreme Court; and
	(b)	in any other case, the defendant should be committed to the District Court for sentence.
109—Forum for trial
Where the Court is to commit a defendant to a superior Court for trial, the following principles govern the choice of forum:
	(a)	the defendant should be committed for trial in the Supreme Court in the following cases:
	(i)	where the charge is treason or murder, or an attempt or conspiracy to commit, or an assault with intent to commit, either of those offences;
	(ii)	where a major indictable offence is charged and the circumstances of its alleged commission are of unusual gravity;
	(iii)	where a major indictable offence is charged and trial of the charge is likely to involve unusually difficult questions of law or fact;
	(b)	in any other case, the defendant should be committed for trial in the District Court.
110—Change of forum
	(1)	Where the Supreme Court is of the opinion that a defendant committed for trial or sentence in the Supreme Court (not being a defendant committed for trial or sentence on a charge of treason or murder, or an attempt or conspiracy to commit or an assault with intent to commit either of those offences) should be tried or sentenced in the District Court, the Supreme Court may order that the case be referred to the District Court.
	(2)	Where the Supreme Court is of the opinion that a defendant committed for trial or sentence in the District Court should be tried or sentenced in the Supreme Court, the Court may remove the case into the Supreme Court.
	(3)	Where the District Court is of the opinion that a defendant committed for trial or sentence in the District Court should be tried or sentenced in the Supreme Court, the Court may order that the case be referred to the Supreme Court.
	(4)	Where a case is referred to the District Court or removed or referred to the Supreme Court under this section, the case will proceed as if the committal had been to the Court to which the case is referred or removed.
	(5)	In deciding whether to exercise its powers under this section, the Supreme Court or the District Court will have regard to—
	(a)	the gravity of the case; and
	(b)	the difficulty of any questions of law or fact; and
	(c)	the views (insofar as they have been expressed) of the prosecutor and defendant; and
	(d)	any other relevant factor.
111—Change of plea following committal for sentence
	(1)	A person who has been committed to a superior court for sentence may, on appearing before that court, withdraw the admission of guilt and plead not guilty to the charge.
	(2)	In such a case, the superior court may, if satisfied that the interests of justice require it to do so, remit the case to the Magistrates Court for preliminary examination of the charge.
	(3)	The change of plea must not be made the subject of any comment to the jury at a subsequent trial of the charge.

Division 4—Procedure following committal for trial or sentence
112—Remand of defendant
Where the Court commits a defendant who is a natural person to a superior court for trial or sentence, the Court will remand the defendant in custody or release the defendant on bail to await trial or sentence.
113—Material to be forwarded by Registrar
Where a person is committed for trial or sentence, the Principal Registrar must forward to the Director of Public Prosecutions—
	(a)	a copy of the order for committal;
	(b)	a copy of any documentary material filed in the Court in connection with the preliminary examination;
	(c)	a transcript of the oral evidence (if any) taken at the preliminary examination.

Division 5—Cases where Court itself deals with minor indictable offences
114—Procedural provisions of Criminal Law Consolidation Act
The rules may provide that specified provisions of the Criminal Law Consolidation Act 1935 apply with necessary adaptations and modifications to the trial or sentencing by the Court of a person charged with a minor indictable offence.

Part 7—Supplementary provisions
181—Charges
	(1)	An information or complaint is not invalid because of a defect of substance or of form.
	(2)	The Court may—
	(a)	amend an information or complaint to cure a defect of substance or form (but if the defendant has been substantially prejudiced by the defect, no amendment may be made); or
	(b)	dismiss an information or complaint if the defect cannot appropriately be cured by amendment.
182—Orders, warrants etc
	(1)	An order, summons, warrant or other process of the Court is not invalid by reason of any defect of substance or form.
	(2)	The Court may—
	(a)	amend an order, summons, warrant or other process of the Court in order to correct a defect of substance or form; or
	(b)	if the person against whom an order, summons, warrant or other process has been made or issued has been, or may be, substantially prejudiced by the defect—revoke the order, summons, warrant or other process.
183—Remand to training centre
If—
	(a)	the Court orders that a person charged with or convicted of an offence be remanded in custody; and
	(b)	the person—
	(i)	is already in custody in a training centre; or
	(ii)	is alleged to have committed the offence while—
	(A)	on conditional release from a training centre; or
	(B)	serving a sentence of home detention in accordance with the Young Offenders Act 1993; or
	(C)	subject to an order under section 26 of that Act; and
	(c)	the Court is satisfied that good reason exists for remanding the person to a training centre,
the Court may direct that the person be remanded to a training centre.
184—Application may be made to Court for transfer to a training centre
	(1)	If—
	(a)	a person charged with or convicted of an offence has been, by order under this Act, remanded in custody in a prison; and
	(b)	the person—
	(i)	would, but for that order, be in custody in a training centre; or
	(ii)	is alleged to have committed the offence while—
	(A)	on conditional release from a training centre; or
	(B)	serving a sentence of home detention in accordance with the Young Offenders Act 1993; or
	(C)	subject to an order under section 26 of that Act; and
	(c)	the Court is, on the application of the person or the Chief Executive of the Department of Human Services, satisfied that good reason exists for remanding the person to a training centre,
the Court may order that the person be transferred to a training centre.
	(2)	If the Court has, on a previous occasion, considered the question of whether the person should be remanded to a prison or to a training centre, an application may only be made under this section if, since the Court considered the question—
	(a)	there has been a material change in the circumstances of the person; or
	(b)	the applicant has become aware of new facts or circumstances relevant to the question.
187AA—Cancellation of unexecuted warrants
	(1)	The Governor may cancel—
	(a)	a warrant for the apprehension of a person if it has not been executed within 15 years from the day on which it was issued; and
	(b)	any other warrant if it has not been executed within 7 years from the day on which it was issued.
	(2)	A warrant that is cancelled pursuant to subsection (1) ceases to have any force or effect and must be destroyed.
187A—Proof of convictions or orders
	(1)	Any conviction or order whatsoever made by the Court may be proved by a copy of the information or complaint on which the conviction or order was made, and of the minute or memorandum thereof made by the court and endorsed on the complaint.
	(1a)	The copy must be certified by—
	(a)	the person, or one of the persons, constituting the Court by which the conviction or order was made; or
	(b)	a Registrar.
	(2)	No proof shall be required of the signature or judicial or official character of the person appearing to have signed any such copy as aforesaid.
	(3)	This section shall apply to any conviction or order whether made before or after the commencement of this Act, and shall be in addition to and not in substitution for any other enactment providing a mode of proving convictions and orders.
188—Registration of orders for the purpose of enforcement
	(1)	This section applies to an order for payment of a fine or other monetary sum made against a body corporate by a Court of summary jurisdiction established under the law of some other State, or of a Territory of the Commonwealth.
	(2)	The Principal Registrar may, subject to the order, register an order to which this section applies in the Court.
	(3)	Subject to the rules, proceedings may be taken for the enforcement of an order registered under this section as if it were an order of the Court.
189—Costs
	(1)	Subject to this section, the Court may award such costs for or against a party to proceedings as the Court thinks fit.
	(2)	Costs will not be awarded against a party to a preliminary examination of an indictable offence unless the Court is satisfied that the party has unreasonably obstructed the proceedings.
	(2a)	Costs will not be awarded against a complainant in proceedings for a restraining order unless the Court is satisfied that the complainant has acted in bad faith or unreasonably in bringing the proceedings.
	(3)	If proceedings are delayed through the neglect or incompetence of a legal practitioner, the Court may—
	(a)	disallow the whole or part of the costs as between the legal practitioner and his or her client (and, where appropriate, order the legal practitioner to repay costs already paid);
	(b)	order the legal practitioner to indemnify his or her client or any other party to the proceedings for costs resulting from the delay;
	(c)	order the legal practitioner to pay to the Principal Registrar for the credit of the Consolidated Account an amount fixed by the Court as compensation for time wasted.
	(4)	If proceedings are delayed through the neglect or incompetence of a prosecutor who is not a legal practitioner, the Court may order the Crown, or, where the prosecution is brought on behalf of a body that does not represent the Crown, that body, to indemnify any party to the proceedings for costs resulting from the delay.
	(5)	If proceedings are unreasonably obstructed by a party or a witness, or proceedings are delayed through the failure of a party or a witness to appear before the Court when required to do so, the Court may make either or both of the following orders:
	(a)	an order that the party or witness indemnify any party for costs resulting from the obstruction or delay;
	(b)	an order that the party or witness pay to the Principal Registrar for the credit of the Consolidated Account an amount fixed by the Court as compensation for time wasted in consequence of the obstruction or delay.
	(6)	Before making an order under subsection (3), (4) or (5), the Court must inform the person against whom the order is proposed of the nature of the proposed order and allow that person a reasonable opportunity to give or call evidence and make representations on the matter.
	(7)	A person against whom an order for costs is made under subsection (3), (4) or (5) has the same rights of appeal as a party to a civil action.
	(8)	In this section—
restraining order includes a domestic violence restraining order under the Domestic Violence Act 1994.
190—Witness fees
Witness fees and expenses in respect of proceedings under this Act are payable in accordance with the regulations.
191—Fees
	(1)	Fees are payable in respect of proceedings under this Act in accordance with the regulations.
	(2)	The Court may, if satisfied that proper grounds exist to remit a fee payable under the regulations, remit the fee wholly or in part.
192—Regulations
The Governor may make regulations for the purposes of this Act.

Legislative history
Notes
	•	Amendments of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Formerly
Justices Act 1921
Legislation repealed by principal Act
The Summary Procedure Act 1921 repealed the following:
An ordinance appointing the fees to be taken by Magistrates in South Australia (No. 4 of 1843)
To facilitate the performance of the duties of Justices of the Peace out of sessions with respect to persons charged with indictable offences (No. 15 of 1849)
To facilitate the performance of the duties of Justices of the Peace out of sessions with respect to summary convictions and orders (No. 6 of 1850)
Minor Offences Procedure Act 1869
An Act to amend the Minor Offences Procedure Act 1869 and The Criminal Law Consolidation Act 1876 (No. 166 of 1880)
The Justices Procedure Amendment Act 1883 (No. 298 of 1883)
The Magistrates' Fees Amendment Act 1907 (No. 926 of 1907)
The Minor Offences Procedure Act Amendment Act 1913 (No. 1127 of 1913)
The Justices Procedure (Indictable Offences) Amendment Act 1913 (No. 1133 of 1913)
Legislation amended by principal Act
The Summary Procedure Act 1921 amended the following:
An Act to amend the Criminal Law (No. 10 of 1854)
An Act to enable persons accused of offences to give evidence on oath (No. 245 of 1882)
Principal Act and amendments
New entries appear in bold.
Year	No	Title	Assent	Commencement	
1921	1479	Justices Act 1921	7.12.1921	26.7.1922 (Gazette 29.6.1922 p1575)	
1923	1573	Justices Act Amendment Act 1923	21.11.1923	21.11.1923	
1931	2051	Justices Act 1931	9.12.1931	9.12.1931	
1935	2252	Criminal Law Consolidation Act 1935	21.12.1935	21.12.1935	
1936	2261	Justices Act Amendment Act 1936	23.7.1936	23.7.1936	
1943	24	Justices Act Amendment Act 1943	16.12.1943	16.12.1943	
1956	57	Justices Act Amendment Act 1956	6.12.1956	6.12.1956	
1957	37	Justices Act Amendment Act 1957	14.11.1957	1.2.1958 (Gazette 19.12.1957 p1529)	
1960	17	Justices Act Amendment Act 1960	8.9.1960	8.9.1960	
1965	54	Maintenance Act Amendment Act 1965	23.12.1965	27.1.1966 (Gazette 27.1.1966 p145)	
1966	3	Juvenile Courts Act 1966	10.2.1966	7.7.1966 (Gazette 7.7.1966 p57)	
1969	39	Justices Act Amendment Act 1969	13.11.1969	2.1.1970 (Gazette 18.12.1969 p2019)	
1969	75	Justices Act Amendment Act (No. 2) 1969	11.12.1969	31.8.1970 (Gazette 20.8.1970 p696)	
1972	7	Justices Act Amendment Act 1972	23.3.1972	30.11.1972 (Gazette 16.11.1972 p2334)	
1972	54	Local and District Criminal Courts Act Amendment Act 1972	27.4.1972	9.11.1972 (Gazette 9.11.1972 p2252)	
1972	92	Justices Act Amendment Act (No. 2) 1972	2.11.1972	15.2.1973 (Gazette 15.2.1973 p496)	
1974	31	Justices Act Amendment Act 1974	11.4.1974	11.4.1974	
1974	42	Statute Law Revision Act 1974	11.4.1974	11.4.1974	
1975	8	Justices Act Amendment Act 1975	20.3.1975	20.3.1975	
1975	24	Statute Law Revision Act 1975	27.3.1975	27.3.1975	
1975	29	Justices Act Amendment Act (No. 2) 1975	27.3.1975	22.5.1975 (Gazette 22.5.1975 p1987)	
1976	64	Justices Act Amendment Act 1976	25.11.1976	25.11.1976	
1976	115	Statutes Amendment (Capital Punishment Abolition) Act 1976	23.12.1976	23.12.1976	
1977	31	Statutes Amendment (Narcotic and Psychotropic Drugs and Justices) Act 1977	11.8.1977	1.9.1977 (Gazette 1.9.1977 p601)	
1979	44	Children's Protection and Young Offenders Act 1979	15.3.1979	Sch—1.7.1979 (Gazette 28.6.1979 p1951)	
1980	49	Justices Act Amendment Act 1980	3.7.1980	3.7.1980	
1981	34	Statutes Amendment (Administration of Courts and Tribunals) Act 1981	19.3.1981	1.7.1981 (Gazette 28.6.1981 p1896)	
1981	109	Statutes Amendment (Jurisdiction of Courts) Act 1981	23.12.1981	1.2.1982 (Gazette 28.1.1982 p209)	
1982	26	Justices Act Amendment Act 1982 as amended by 68/1982	25.3.1982	1.8.1982 (Gazette 15.7.1982 p168) except s 4 (Gazette 30.7.1982 p335)—which will not be brought into operation as the subsection it inserted was subsequently substituted by 66/1983	
1982	46	Justices Act Amendment Act (No. 2) 1982	22.4.1982	3.6.1982 (Gazette 3.6.1982 p1850)	
1982	68	Justices Act Amendment Act (No. 3) 1982	1.7.1982	1.7.1982 except ss 3—12—1.8.1982: s 3	
1983	66	Justices Act Amendment Act 1983	13.10.1983	14.11.1983 (Gazette 10.11.1983 p1354)	
1983	108	Statutes Amendment (Magistrates) Act 1983	22.12.1983	2.4.1984 (Gazette 22.3.1984 p725)	
1984	77	Justices Act Amendment Act 1984	15.11.1984	1.1.1985 (Gazette 6.12.1984 p1744)	
1984	78	Criminal Law Consolidation Act Amendment Act (No. 2) 1984	15.11.1984	15.11.1984	
1984	107	Evidence Act Amendment Act (No. 3) 1984	20.12.1984	20.12.1984	
1985	6	Statutes Amendment (Bail) Act 1985	7.3.1985	7.7.1985 (Gazette 9.5.1985 p1398)	
1986	32	Justices Act Amendment Act 1986	10.4.1986	1.7.1986 (Gazette 1.5.1986 p1104)	
1986	69	Statutes Amendment (Parole) Act 1986	20.11.1986	8.12.1986 (Gazette 27.11.1986 p1700)	
1986	90	Criminal Law Consolidation Act Amendment Act 1986	4.12.1986	1.2.1987 (Gazette 15.1.1987 p52)	
1987	33	Local and District Criminal Courts Act Amendment Act 1987	23.4.1987	1.7.1987 (Gazette 28.5.1987 p1384)	
1987	49	Criminal Law (Enforcement of Fines) Act 1987	30.4.1987	21.6.1987 (Gazette 4.6.1987 p1430) except ss 5 & 6(4)—(6)—1.11.1987 (Gazette 29.10.1987 p1449)	
1987	60	Justices Act Amendment Act 1987	17.9.1987	17.9.1987 (Gazette 17.9.1987 p886)	
1988	5	Justices Act Amendment Act 1988	10.3.1988	5.5.1988 (Gazette 5.5.1988 p1115)	
1988	51	Statutes Amendment and Repeal (Sentencing) Act 1988	5.5.1988	12.5.1988 (Gazette 12.5.1988 p1181) except ss 3 & 4—8.9.1988 (Gazette 8.9.1988 p994) and except ss 5, 6, 12, 15—20, 22—27, 30—39, 41—68, 70—78—1.1.1989 (Gazette 15.12.1988 p2009)	
1988	104	Justices Act Amendment Act (No. 2) 1988	15.12.1988	15.12.1988	
1989	33	Statutes Amendment (Criminal Sittings) Act 1989	4.5.1989	1.1.1990 (Gazette 16.11.1989 p1501)	
1991	33	Statutes Amendment (Attorney-General's Portfolio) Act 1991	24.4.1991	6.6.1991 (Gazette 6.6.1991 p1776)	
1991	49	Director of Public Prosecutions Act 1991	21.11.1991	6.7.1992 (Gazette 25.6.1992 p1869)	
1991	72	Justices Amendment Act 1991	12.12.1991	6.7.1992 (Gazette 2.7.1992 p209)	
1992	26	Statutes Amendment (Attorney-General's Portfolio) Act 1992	14.5.1992	6.7.1992 (Gazette 2.7.1992 p209)	
1992	75	Summary Procedure (Summary Protection Orders) Amendment Act 1992	26.11.1992	4.3.1993 (Gazette 25.2.1993 p713) except s 5(b) which will not be brought into operation as the words it inserted were subsequently struck out by 62/1993	
1993	62	Statutes Amendment (Courts) Act 1993	27.5.1993	ss 30—40—1.7.1993 (Gazette 24.6.1993 p2047)	
1994	20	Summary Procedure (Restraining Orders) Amendment Act 1994	26.5.1994	1.8.1994 (Gazette 14.7.1994 p69)	
1994	43	Statutes Amendment (Courts) Act 1994	2.6.1994	9.6.1994 (Gazette 9.6.1994 p1669)	
1994	59	Criminal Law Consolidation (Felonies and Misdemeanours) Amendment Act 1994	27.10.1994	1.1.1995 (Gazette 8.12.1994 p1942)	
1995	27	Statutes Amendment (Attorney-General's Portfolio) Act 1995	27.4.1995	ss 22 & 23—4.5.1995 (Gazette 4.5.1995 p1705)	
1995	51	Statutes Amendment (Paedophiles) Act 1995	27.7.1995	30.10.1995 (Gazette 21.9.1995 p783)	
1995	65	Statutes Amendment (Recording of Interviews) Act 1995	10.8.1995	Pts 1 & 3—3.3.1996 (Gazette 21.12.1995 p1760)	
1996	35	Summary Procedure (Time for Making Complaint) Amendment Act 1996	2.5.1996	3.2.1997 (Gazette 19.12.1996 p1924)	
1996	67	Statutes Amendment (Attorney-General's Portfolio) Act 1996	15.8.1996	ss 30—33—17.10.1996 (Gazette 17.10.1996 p1361)	
1998	41	Statutes Amendment (Young Offenders) Act 1998	13.8.1998	Pt 3 (s 9)—1.10.1998 (Gazette 10.9.1998 p815)	
1998	60	Statutes Amendment (Fine Enforcement) Act 1998	3.9.1998	Pt 9 (ss 44 & 45)—6.3.2000 (Gazette 18.11.1999 p2358)	
1999	24	Statutes Amendment (Restraining Orders) Act 1999	1.4.1999	Pt 4 (ss 13—19)—16.5.1999 (Gazette 13.5.1999 p2502)	
1999	42	Statutes Amendment and Repeal (Justice Portfolio) Act 1999	5.8.1999	Pt 12 (ss 55 & 56)—3.10.1999 (Gazette 23.9.1999 p1208)	
1999	80	Criminal Law Consolidation (Serious Criminal Trespass) Amendment Act 1999	2.12.1999	25.12.1999 (Gazette 23.12.1999 p3668)	
2001	37	Criminal Law (Sentencing) (Sentencing Procedures) Amendment Act 2001	3.8.2001	3.8.2001	
2001	55	Statutes Amendment (Stalking) Act 2001	8.11.2001	Pt 4 (s 6)—13.1.2002 (Gazette 10.1.2002 p4)	
2001	69	Statutes Amendment (Courts and Judicial Administration) Act 2001	6.12.2001	Pt 13 (ss 30 & 31)—3.2.2002 (Gazette 24.1.2002 p346)	
2002	26	Criminal Law Consolidation (Offences of Dishonesty) Amendment Act 2002	31.10.2002	Sch 3 (cl 9)—5.7.2003 (Gazette 15.5.2003 p1979)	
2003	25	Summary Procedure (Classification of Offences) Amendment Act 2003	24.7.2003	24.7.2003	
2003	44	Statute Law Revision Act 2003	23.10.2003	Sch 1—24.11.2003 (Gazette 13.11.2003 p4048)	
2003	53	Statutes Amendment (Expiation of Offences) Act 2003	4.12.2003	Pt 4 (s 12)—18.12.2003 (Gazette 18.12.2003 p4527)	
2004	23	Statutes Amendment (Courts) Act 2004	8.7.2004	Pt 8 (ss 24—26)—1.9.2004 (Gazette 26.8.2004 p3402)	
2004	52	Criminal Law Consolidation (Child Pornography) Amendment Act 2004	16.12.2004	Pt 5 (s 10)—30.1.2005 (Gazette 13.1.2005 p67)	
2005	62	Statutes Amendment and Repeal (Aggravated Offences) Act 2005	1.12.2005	Pt 7 (ss 29 & 30)—15.5.2006 (Gazette 20.4.2006 p1127)	
2005	74	Statutes Amendment (Criminal Procedure) Act 2005	8.12.2005	Pt 6 (ss 13 & 14)—1.3.2007 (Gazette 1.3.2007 p672)	
2006	17	Statutes Amendment (New Rules of Civil Procedure) Act 2006	6.7.2006	Pt 73 (ss 227—234)—4.9.2006 (Gazette 17.8.2006 p2831)	
2006	44	Statutes Amendment (Justice Portfolio) Act 2006	14.12.2006	Pt 30 (ss 63—66)—18.1.2007 (Gazette 18.1.2007 p234)	
2007	38	Summary Procedure (Paedophile Restraining Orders) Amendment Act 2007	11.10.2007	9.12.2007 (Gazette 29.11.2007 p4382)	
Provisions amended since 3 February 1976
	•	Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 5 of The Public General Acts of South Australia 1837-1975 at page 316.
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Long title	amended by 72/1991 s 3	6.7.1992	
Pt 1			
s 1	substituted by 72/1991 s 4	6.7.1992	
s 2	deleted by 72/1991 s 5	6.7.1992	
s 3	amended by 46/1982 s 3	3.6.1982	
	amended by 68/1982 s 4	1.8.1982	
	substituted by 51/1988 s 42	1.1.1989	
	deleted by 72/1991 s 5	6.7.1992	
s 4			
s 4(1)			
clerk	substituted by 26/1982 s 3(a)	1.8.1982	
	deleted by 72/1991 s 6(a)	6.7.1992	
the Chief Magistrate	inserted by 108/1983 s 4(a)	2.4.1984	
complaint	amended by 72/1991 s 6(b)	6.7.1992	
court of summary jurisdiction or court	deleted by 72/1991 s 6(c)	6.7.1992	
Court	inserted by 72/1991 s 6(c)	6.7.1992	
defendant	amended by 20/1994 s 3(a)	1.8.1994	
district	deleted by 72/1991 s 6(d)	6.7.1992	
District Criminal Court	deleted by 72/1991 s 6(d)	6.7.1992	
fine	deleted by 51/1988 s 43(a)	1.1.1989	
firearms order	inserted by 20/1994 s 3(b)	1.8.1994	
foreign restraining order	inserted by 20/1994 s 3(b)	1.8.1994	
gaol	deleted by 51/1988 s 43(b)	1.1.1989	
group 1 offence	deleted by 72/1991 s 6(d)	6.7.1992	
group 2 offence	deleted by 72/1991 s 6(d)	6.7.1992	
group 3 offence	deleted by 72/1991 s 6(d)	6.7.1992	
guardian	deleted by 20/1994 s 3(c)	1.8.1994	
the Industrial Court	deleted by 44/2006 s 63(3)	18.1.2007	
industrial magistrate	substituted by 44/2006 s 63(1)	18.1.2007	
industrial offence	substituted by 72/1991 s 6(e)	6.7.1992	
investigating officer	inserted by 65/1995 s 8	3.3.1996	
interstate summary protection order	inserted by 75/1992 s 3(a)	4.3.1993	
	deleted by 20/1994 s 3(d)	1.8.1994	
justice	deleted by 44/2006 s 63(2)	18.1.2007	
justices	deleted by 72/1991 s 6(f)	6.7.1992	
keeper of a gaol	deleted by 51/1988 s 43(c)	1.1.1989	
major offence	inserted by 66/1983 s 3	14.11.1983	
	deleted by 72/1991 s 6(g)	6.7.1992	
major indictable offence	inserted by 72/1991 s 6(g)	6.7.1992	
minor indictable offence	substituted by 109/1981 s 44(a)	1.2.1982	
	substituted by 72/1991 s 6(h)	6.7.1992	
offence of violence	inserted by 72/1991 s 6(h)	6.7.1992	
	amended by 62/2005 s 29	15.5.2006	
the Registrar	inserted by 68/1982 s 5	1.8.1982	
	amended by 33/1987 s 5	1.7.1987	
	deleted by 72/1991 s 6(i)	6.7.1992	
personal service	inserted by 26/1982 s 3(b)	1.8.1982	
the Principal Registrar	inserted by 72/1991 s 6(j)	6.7.1992	
Registrar	inserted by 72/1991 s 6(j)	6.7.1992	
relevant family contact order	inserted by 67/1996 s 30	17.10.1996	
restraining order	inserted by 20/1994 s 3(e)	1.8.1994	
	substituted by 51/1995 s 4	30.10.1995	
rules	inserted by 72/1991 s 6(j)	6.7.1992	
Schedule 3 offence	inserted by 72/1991 s 6(o)	6.7.1992	
	deleted by 26/2002 s 19(2) (Sch 3 cl 9(a))	5.7.2003	
Schedule 4 offence	inserted by 72/1991 s 6(d)	6.7.1992	
	deleted by 26/2002 s 19(2) (Sch 3 cl 9(a))	5.7.2003	
Senior Judge	deleted by 72/1991 s 6(k)	6.7.1992	
the senior magistrate	inserted by 34/1981 s 38	1.7.1981	
	deleted by 108/1983 s 4(b)	2.4.1984	
sexual offence	inserted by 60/1987 s 4	17.9.1987	
simple offence	amended by 109/1981 s 44(b)	1.2.1982	
	deleted by 72/1991 s 6(l)	6.7.1992	
special justice	deleted by 72/1991 s 6(m)	6.7.1992	
special magistrate	inserted by 108/1983 s 4(c)	2.4.1984	
	deleted by 72/1991 s 6(n)	6.7.1992	
summary offence	inserted by 72/1991 s 6(n)	6.7.1992	
summary protection order	inserted by 75/1992 s 3(b)	4.3.1993	
	substituted by 62/1993 s 30	1.7.1993	
	deleted by 20/1994 s 3(f)	1.8.1994	
telephone	inserted by 75/1992 s 3(b)	4.3.1993	
sum adjudged to be paid by a conviction	deleted by 51/1988 s 43(d)	1.1.1989	
sum adjudged to be paid by an order	deleted by 51/1988 s 43(d)	1.1.1989	
passage for trial	deleted by 72/1991 s 6(p)	6.7.1992	
s 4A	deleted by 72/1991 s 7	6.7.1992	
s 5	amended by 109/1981 s 45	1.2.1982	
	amended by 26/1982 s 4	1.8.1982	
	amended by 66/1983 s 4	14.11.1983	
	amended by 51/1988 s 44	1.1.1989	
	substituted by 72/1991 s 8	6.7.1992	
s 5(2)	amended by 69/2001 s 30(a), (b)	3.2.2002	
	amended by 26/2002 s 19(2) (Sch 3 cl 9(b))	5.7.2003	
	amended by 25/2003 s 3(1)	24.7.2003	
s 5(3)	amended by 59/1994 Sch 2	1.1.1995	
	amended by 80/1999 Sch paras. (a), (b)	25.12.1999	
	amended by 69/2001 s 30(c)	3.2.2002	
	amended by 26/2002 s 19(2) (Sch 3 cl 9(c)—(e))	5.7.2003	
	amended by 25/2003 s 3(2), (3)	24.7.2003	
	amended by 23/2004 s 24	1.9.2004	
	amended by 62/2005 s 30	15.5.2006	
	amended by 44/2006 s 64(1), (2)	18.1.2007	
s 5(3a)	inserted by 26/2002 s 19(2) (Sch 3 cl 9(f))	5.7.2003	
s 5(6) and (7)	substituted by 43/1994 s 19	9.6.1994	
s 7	substituted by 72/1991 s 9	6.7.1992	
s 7A	inserted by 90/1986 s 10(1) (Sch Pt 1)	1.2.1987	
	deleted by 72/1991 s 9	6.7.1992	
s 8	deleted by 72/1991 s 10	6.7.1992	
	inserted by 62/1993 s 31	1.7.1993	
s 9	deleted by 72/1991 s 10	6.7.1992	
s 9A	inserted by 34/1981 s 39	1.7.1981	
	amended by 68/1982 s 6	1.8.1982	
	amended by 108/1983 s 4(d)	2.4.1984	
	deleted by 72/1991 s 10	6.7.1992	
Pt 2	amended by 66/1983 s 5	14.11.1983	
	amended by 108/1983 s 4(e)—(g)	2.4.1984	
	deleted by 72/1991 s 11	6.7.1992	
Pt 3			
Heading preceding s 20	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 20			
s 20(1)	amended by 72/1991 s 12	6.7.1992	
s 21	deleted by 6/1985 s 4(a)	7.7.1985	
s 22	amended by 72/1991 s 13	6.7.1992	
s 22A			
s 22A(4)	deleted by 72/1991 s 14	6.7.1992	
ss 23—25	deleted by 72/1991 s 15	6.7.1992	
s 26	amended by 51/1988 s 45	1.1.1989	
	deleted by 72/1991 s 15	6.7.1992	
s 26A	deleted by 72/1991 s 15	6.7.1992	
Heading preceding s 27	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 27			
s 27(1)	s 27 proviso deleted by 26/1982 s 5(a)	1.8.1982	
	s 27 redesignated as s 27(1) by 26/1982 s 5(b)	1.8.1982	
s 27(2)	inserted by 26/1982 s 5(b)	1.8.1982	
s 27(3)	inserted by 26/1982 s 5(b)	1.8.1982	
	amended by 72/1991 s 16	6.7.1992	
Heading preceding s 27A	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 27A			
s 27A(1)	amended by 49/1980 s 2	3.7.1980	
	amended by 72/1991 s 17	6.7.1992	
s 27A(3)	amended by 32/1986 s 3	1.7.1986	
	amended by 5/1988 s 3	5.5.1988	
s 27C			
s 27C(2)	substituted by 72/1991 s 18(a)	6.7.1992	
s 27C(3)	amended by 26/1982 s 6(a)	1.8.1982	
	amended by 51/1988 s 46(a)	1.1.1989	
s 27C(4)	amended by 26/1982 s 6(b)	1.8.1982	
	amended by 72/1991 s 18(b)	6.7.1992	
s 27C(5)	amended by 72/1991 s 18(c)	6.7.1992	
s 27C(6)	amended by 26/1982 s 6(c)	1.8.1982	
	deleted by 51/1988 s 46(b)	1.1.1989	
s 27D	deleted by 26/1982 s 7	1.8.1982	
Heading preceding s 28	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 28			
s 28(1)	amended by 72/1991 s 19(a)—(c)	6.7.1992	
s 28(2) and (3)	substituted by 72/1991 s 19(d)	6.7.1992	
s 28(4)	inserted by 72/1991 s 19(d)	6.7.1992	
Heading preceding s 29	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 29	substituted by 72/1991 s 20	6.7.1992	
	amended by 62/1993 s 32	1.7.1993	
ss 30—41 and headings	deleted by 6/1985 s 4(b)	7.7.1985	
Pt 4			
Pt 4 Div 1	amended by 26/1982 s 8	1.8.1982	
	amended by 68/1982 s 7	1.8.1982	
	amended by 51/1988 s 47	1.1.1989	
	deleted by 72/1991 s 21	6.7.1992	
Pt 4 Div 2			
Heading preceding s 49	amended by 51/1988 s 48	1.1.1989	
	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 49	substituted by 72/1991 s 22	6.7.1992	
s 49(1) and (2)	amended by 62/1993 s 33	1.7.1993	
s 50	deleted by 72/1991 s 22	6.7.1992	
s 51	substituted by 72/1991 s 23	6.7.1992	
s 52	substituted by 35/1996 s 3	3.2.1997	
s 52(1)	s 52 amended and redesignated as s 52(1) by 53/2003 s 12(1), (2)	18.12.2003	
s 52(2)	inserted by 53/2003 s 12(2)	18.12.2003	
Heading preceding s 53	omitted in pursuance of the Acts Republication Act 1967	17.10.1996	
s 53	deleted by 67/1996 s 31	17.10.1996	
Heading preceding s 54	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 55	deleted by 72/1991 s 24	6.7.1992	
Heading preceding s 56	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
Heading preceding s 57	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 57	substituted by 72/1991 s 25	6.7.1992	
s 57(2)	amended by 17/2006 s 227	4.9.2006	
s 57A			
s 57A(1)	amended by 49/1980 s 3(a)	3.7.1980	
	amended by 72/1991 s 26(a), (b)	6.7.1992	
s 57A(4)	amended by 49/1980 s 3(b)	3.7.1980	
	substituted by 72/1991 s 26(c)	6.7.1992	
s 57A(5)	deleted by 72/1991 s 26(c)	6.7.1992	
s 57A(6)	amended by 72/1991 s 26(d)	6.7.1992	
s 57A(7)	amended by 72/1991 s 26(e)	6.7.1992	
s 57A(7a)	inserted by 26/1982 s 9	1.8.1982	
	amended by 72/1991 s 26(f), (g)	6.7.1992	
s 57A(8)	amended by 49/1980 s 3(c)	3.7.1980	
	amended by 72/1991 s 26(h)	6.7.1992	
s 57A(9)	amended by 72/1991 s 26(i), (j)	6.7.1992	
s 57A(10)	substituted by 44/1979 s 5(2) (Sch)	1.7.1979	
s 57A(11) and (12)	substituted by 49/1980 s 3(d)	3.7.1980	
Heading preceding s 58	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 58	substituted by 72/1991 s 27	6.7.1992	
Heading preceding s 59	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 59	amended by 6/1985 s 4(c)	7.7.1985	
	substituted by 72/1991 s 28	6.7.1992	
s 60			
s 60(1)	amended by 72/1991 s 29(a)—(d)	6.7.1992	
s 60(2)	substituted by 6/1985 s 4(d)	7.7.1985	
	amended by 72/1991 s 29(e)	6.7.1992	
s 62			
s 62(1) and (2)	amended by 17/2006 s 228	4.9.2006	
s 62(3)	substituted by 72/1991 s 30	6.7.1992	
Pt 4 Div 3			
s 62A	amended by 6/1985 s 4(e)	7.7.1985	
s 62A(1)	amended by 17/2006 s 229	4.9.2006	
s 62B			
s 62B(6)	amended by 51/1988 s 49(a), (b)	1.1.1989	
	(d) deleted by 60/1998 s 44(a)	6.3.2000	
s 62B(8)	amended by 51/1988 s 49(c)	1.1.1989	
	amended by 72/1991 s 31	6.7.1992	
	amended by 60/1998 s 44(b)	6.3.2000	
s 62BA			
s 62BA(1)	amended by 49/1980 s 4(a)	3.7.1980	
	amended by 17/2006 s 230	4.9.2006	
s 62BA(4)	amended by 49/1980 s 4(b)	3.7.1980	
s 62C			
s 62C(1)	amended by 51/1988 s 50	1.1.1989	
	amended by 17/2006 s 231	4.9.2006	
s 62C(2)	amended by 72/1991 s 32(a), (b)	6.7.1992	
s 62C(3a) and (5)	amended by 72/1991 s 32(c)	6.7.1992	
s 62C(6)	substituted by 72/1991 s 32(d)	6.7.1992	
s 62D			
s 62D(3) and (4)	inserted by 26/1982 s 10	1.8.1982	
s 63			
s 63(2)	deleted by 72/1991 s 33	6.7.1992	
s 65	amended by 6/1985 s 4(f)—(h)	7.7.1985	
	amended by 51/1988 s 51	1.1.1989	
	deleted by 72/1991 s 34	6.7.1992	
s 66	deleted by 72/1991 s 35	6.7.1992	
s 68			
s 68(3)	amended by 72/1991 s 36	6.7.1992	
s 69A			
s 69A(1)	amended by 51/1988 s 52	1.1.1989	
	amended by 72/1991 s 37	6.7.1992	
Pt 4 Div 4			
Heading preceding s 70	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 70			
s 70(1)	s 70 first sentence redesignated as s 70(1) by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 70(2)	s 70 second sentence redesignated as s 70(2) by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 70AB and heading	deleted by 51/1988 s 53	1.1.1989	
s 70B	amended by 72/1991 s 38	6.7.1992	
s 72	amended by 26/1982 s 11	1.8.1982	
	amended by 72/1991 s 39	6.7.1992	
	deleted by 27/1995 s 22	4.5.1995	
s 73 and heading	deleted by 51/1988 s 54	1.1.1989	
s 74 and heading	deleted by 51/1988 s 55	1.1.1989	
s 75	amended by 109/1981 s 46	1.2.1982	
	deleted by 51/1988 s 55	1.1.1989	
s 76	amended by 68/1982 s 8	1.8.1982	
	deleted by 51/1988 s 55	1.1.1989	
Heading preceding s 76A	inserted by 26/1982 s 12	1.8.1982	
	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 76A	inserted by 26/1982 s 12	1.8.1982	
	substituted by 72/1991 s 40	6.7.1992	
s 76B	inserted by 68/1982 s 9	1.8.1982	
	deleted by 6/1985 s 4(i)	7.7.1985	
	inserted by 72/1991 s 40	6.7.1992	
Pt 4 Div 5			
s 77	amended by 51/1988 s 56	1.1.1989	
	deleted by 72/1991 s 41	6.7.1992	
ss 78 and 79	deleted by 51/1988 s 57	1.1.1989	
Pt 4 Div 5A	inserted by 68/1982 s 10	1.8.1982	
	amended by 51/1988 ss 58, 59	1.1.1989	
	amended by 72/1991 s 42	6.7.1992	
	deleted by 60/1998 s 45	6.3.2000	
Pt 4 Div 6	amended by 109/1981 s 47	1.2.1982	
	amended by 26/1982 s 13	1.8.1982	
	amended by 68/1982 s 11	1.8.1982	
	amended by 77/1984 s 3	1.1.1985	
	amended by 69/1986 s 21	8.12.1986	
	amended by 49/1987 Sch 2	21.6.1987	
	deleted by 51/1988 s 60	1.1.1989	
Pt 4 Div 7	substituted by 46/1982 s 4	3.6.1982	
	amended by 72/1991 s 43	6.7.1992	
	amended by 75/1992 ss 4—6	4.3.1993	
	amended by 62/1993 ss 34—37	1.7.1993	
	substituted by 20/1994 s 4	1.8.1994	
s 99			
s 99(2)	amended by 24/1999 s 13(a)	16.5.1999	
	amended by 55/2001 s 6(a)	13.1.2002	
s 99(2a)	inserted by 24/1999 s 13(b)	16.5.1999	
s 99(2ab)	inserted by 55/2001 s 6(b)	13.1.2002	
s 99(2b)	inserted by 24/1999 s 13(b)	16.5.1999	
s 99(3a) and (3b)	inserted by 24/1999 s 13(c)	16.5.1999	
s 99(4)	substituted by 67/1996 s 32	17.10.1996	
s 99(5) and (6)	inserted by 67/1996 s 32	17.10.1996	
s 99AA	inserted by 51/1995 s 5	30.10.1995	
s 99AA(4)	amended by 44/2006 s 65(1), (2)	18.1.2007	
s 99B			
s 99B(2)	substituted by 24/1999 s 14(a)	16.5.1999	
s 99B(3) and (4)	substituted by 24/1999 s 14(b)	16.5.1999	
s 99B(5)	amended by 24/1999 s 14(c)	16.5.1999	
s 99B(5a)	inserted by 24/1999 s 14(d)	16.5.1999	
s 99C			
s 99C(2)	substituted by 24/1999 s 15(a)	16.5.1999	
s 99C(3a)	inserted by 23/2004 s 25	1.9.2004	
s 99C(4)—(6)	substituted by 24/1999 s 15(b)	16.5.1999	
s 99C(7) and (8)	inserted by 24/1999 s 15(b)	16.5.1999	
s 99CA	inserted by 23/2004 s 26	1.9.2004	
s 99D			
s 99D(1)	amended by 51/1995 s 6	30.10.1995	
	amended by 24/1999 s 16(a)	16.5.1999	
s 99D(2)	amended by 24/1999 s 16(b)	16.5.1999	
s 99E			
s 99E(1)	s 99E redesignated as s 99E(1) by 24/1999 s 17	16.5.1999	
s 99E(2)—(4)	inserted by 24/1999 s 17	16.5.1999	
s 99F			
s 99F(1a)	inserted by 24/1999 s 18(a)	16.5.1999	
	amended by 17/2006 s 232	4.9.2006	
s 99F(3)	substituted by 67/1996 s 33	17.10.1996	
	amended by 24/1999 s 18(b)	16.5.1999	
s 99J	amended by 17/2006 s 233	4.9.2006	
Pt 5	amended by 64/1976 s 2	25.11.1976	
	amended by 115/1976 ss 19, 20	23.12.1976	
	amended by 31/1977 s 14	1.9.1977	
	amended by 109/1981 ss 48—57	1.2.1982	
	amended by 66/1983 ss 6—8	14.11.1983	
	amended by 77/1984 s 4	1.1.1985	
	amended by 78/1984 s 3	15.11.1984	
	amended by 107/1984 s 10	20.12.1984	
	amended by 6/1985 s 4(j)—(r)	7.7.1985	
	amended by 60/1987 s 5	17.9.1987	
	amended by 51/1988 ss 61—65	1.1.1989	
	amended by 33/1989 ss 4—9	1.1.1990	
	amended by 33/1991 s 12	6.6.1991	
	amended by 49/1991 Sch 2	6.7.1992	
	substituted by 72/1991 s 44	6.7.1992	
s 102			
s 102(3)	amended by 43/1994 s 20(a)	9.6.1994	
s 102(3a)	inserted by 43/1994 s 20(b)	9.6.1994	
s 103(3a)	inserted by 37/2001 s 4(a)	3.8.2001	
s 103(4)	inserted by 43/1994 s 21	9.6.1994	
s 104			
s 104(1)	amended by 42/1999 s 55(a), (b)	3.10.1999	
	amended by 52/2004 s 10(1), (2)	30.1.2005	
	amended by 74/2005 s 13(1)	1.3.2007	
s 104(2)	amended by 42/1999 s 55(c)	3.10.1999	
	amended by 74/2005 s 13(2)	1.3.2007	
s 104(3) and (4)	substituted by 65/1995 s 9	3.3.1996	
s 104(5)	deleted by 65/1995 s 9	3.3.1996	
s 104(5)	inserted by 52/2004 s 10(3)	30.1.2005	
s 104(6)	inserted by 62/1993 s 38	1.7.1993	
s 104(7)	inserted by 74/2005 s 13(3)	1.3.2007	
s 105			
s 105(4a)	inserted by 37/2001 s 4(b)	3.8.2001	
s 106			
s 106(1)	amended by 17/2006 s 234(1), (2)	4.9.2006	
s 106(2)	amended by 44/2006 s 66	18.1.2007	
s 106(3)	amended by 17/2006 s 234(3)	4.9.2006	
s 107			
s 107(3)	amended by 62/1993 s 39	1.7.1993	
s 107(5) and (6)	substituted by 74/2005 s 14	1.3.2007	
s 112	amended by 27/1995 s 23	4.5.1995	
s 113	amended by 26/1992 s 12	6.7.1992	
Pt 6	amended by 26/1982 ss 14—17	1.8.1982	
	amended by 68/1982 s 12	1.8.1982	
	amended by 6/1985 s 4(s), (t)	7.7.1985	
	amended by 51/1988 ss 66, 67	1.1.1989	
	deleted by 72/1991 s 45	6.7.1992	
Pt 7			
Heading preceding s 181	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
ss 181 and 182	substituted by 72/1991 s 46	6.7.1992	
Heading preceding s 183	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
ss 183 and 184	deleted by 72/1991 s 46	6.7.1992	
	inserted by 41/1998 s 9	1.10.1998	
ss 185—187	deleted by 72/1991 s 46	6.7.1992	
Heading preceding s 187AA	substituted by 104/1988 s 2	15.12.1988	
	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 187AA	substituted by 104/1988 s 2	15.12.1988	
Heading preceding s 187A	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 187A			
s 187A(1)	amended by 26/1982 s 18(a)	1.8.1982	
	amended by 72/1991 s 47(a)	6.7.1992	
s 187A(1a)	inserted by 26/1982 s 18(b)	1.8.1982	
	substituted by 72/1991 s 47(b)	6.7.1992	
s 187AB and heading	inserted by 6/1985 s 4(u)	7.7.1985	
	deleted by 72/1991 s 48	6.7.1992	
s 187B and heading	deleted by 51/1988 s 68	1.1.1989	
s 188	amended by 49/1991 Sch 2	6.7.1992	
	substituted by 72/1991 s 48	6.7.1992	
s 189	substituted by 72/1991 s 48	6.7.1992	
s 189(1)	substituted by 62/1993 s 40(a)	1.7.1993	
	amended by 24/1999 s 19(a)	16.5.1999	
s 189(2a)	inserted by 24/1999 s 19(b)	16.5.1999	
s 189(5)	substituted by 62/1993 s 40(b)	1.7.1993	
s 189(8)	inserted by 24/1999 s 19(c)	16.5.1999	
ss 190—192	substituted by 72/1991 s 48	6.7.1992	
ss 193—203 and headings	amended by 26/1982 s 19	1.8.1982	
	deleted by 72/1991 s 48	6.7.1992	
Schs 1 and 2	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
Sch 3	inserted by 72/1991 s 49	6.7.1992	
	amended by 59/1994 Sch 2	1.1.1995	
	amended by 80/1999 Sch para (c)	25.12.1999	
	deleted by 26/2002 s 19(2) (Sch 3 cl 9(g))	5.7.2003	
Sch 4	inserted by 72/1991 s 49	6.7.1992	
	amended by 59/1994 Sch 2	1.1.1995	
	deleted by 26/2002 s 19(2) (Sch 3 cl 9(g))	5.7.2003	
Transitional etc provisions associated with Act or amendments
Statutes Repeal and Amendment (Courts) Act 1991
22—Transitional provisions—general
	(1)	This section applies to amendments made by this Act or the Justices Amendment Act 1991.
	(2)	The following transitional provisions apply in relation to those amendments:
	(a)	if the effect of the amendment is to reduce the penalty for an offence, the amendment applies whether the offence was committed before or after the amendment takes effect;
	(b)	if the effect of the amendment is to increase the penalty for an offence, the amendment applies only to offences committed after it takes effect;
	(c)	if the effect of the amendment is to increase or remove a time limit for commencing proceedings for an offence, the previous limit applies in respect of an offence committed before the amendment takes effect;
	(d)	an amendment affecting the classification of an offence as summary or indictable does not apply in relation to an offence committed before the amendment takes effect.
Summary Procedure (Restraining Orders) Amendment Act 1994
5—Transitional provision
An order in force or registered under Part 4 Division 7 of the principal Act immediately before the commencement of this Act continues to have effect as if it were an order in force or registered under that Part as substituted by this Act.
Statutes Amendment and Repeal (Justice Portfolio) Act 1999
56—Transitional provision
Section 104 of the principal Act, as amended by this Part, applies in relation to proceedings commenced before or after the commencement of this Part.
Criminal Law (Sentencing) (Sentencing Procedures) Amendment Act 2001
5—Transitional provision
The amendments made by the Act are to be considered procedural rather than substantive.
Statutes Amendment (Courts and Judicial Administration) Act 2001
31—Transitional provision
The amendments made to the principal Act by this Part do not apply in respect of an offence committed before the commencement of this Part.
Historical versions
Reprint No 2—6.7.1992		
Reprint No 3—4.3.1993		
Reprint No 4—1.7.1993		
Reprint No 5—9.6.1994		
Reprint No 6—1.8.1994		
Reprint No 7—1.1.1995		
Reprint No 8—4.5.1995		
Reprint No 9—30.10.1995		
Reprint No 10—3.3.1996		
Reprint No 11—17.10.1996		
Reprint No 12—3.2.1997		
Reprint No 13—1.10.1998		
Reprint No 14—16.5.1999		
Reprint No 15—3.10.1999		
Reprint No 16—25.12.1999		
Reprint No 17—6.3.2000		
Reprint No 18—3.8.2001		
Reprint No 19—13.1.2002		
Reprint No 20—3.2.2002		
Reprint No 21—5.7.2003		
Reprint No 22—24.7.2003		
Reprint No 23—18.12.2003		
1.9.2004		
30.1.2005		
15.5.2006		
4.9.2006		
18.1.2007		

Appendix—Divisional penalties and expiation fees
At the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:

Division	Maximum imprisonment	Maximum fine	Expiation fee	
1	15 years	$60 000	—	
2	10 years	$40 000	—	
3	7 years	$30 000	—	
4	4 years	$15 000	—	
5	2 years	$8 000	—	
6	1 year	$4 000	$300	
7	6 months	$2 000	$200	
8	3 months	$1 000	$150	
9	–	$500	$100	
10	–	$200	$75	
11	–	$100	$50	
12	–	$50	$25	
Note: This appendix is provided for convenience of reference only.