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
Part 3—General procedure
20	Form of warrant
22	Rules in respect of summonses
22A	Description of offence
27	Service
27B	Hearing on a written plea of guilty
27C	Hearing if defendant fails to appear
28	Proof by affidavit of service etc
29	Assistance of counsel
Part 4—Summary jurisdiction
Division 2—Information and subsequent proceedings
49	Information
51	Joinder and separation of charges
52	Limitation on time in which proceedings may be commenced
54	Allegations and descriptions in informations and proceedings
56	Exceptions or exemptions need not be specified or disproved by informant
57	Issue of summons by Magistrates Court
57A	Rules may make provision for written guilty pleas
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 Magistrates 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 informant
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 information
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 5—Non‑association and place restriction orders
77	Interpretation
78	Non‑association and place‑restriction orders
79	Non‑association and place restriction orders not to restrict certain associations or activities
80	Issue of non‑association or place restriction order in absence of defendant
81	Service
82	Variation or revocation of non‑association or place restriction order
83	Contravention of non‑association and place restriction orders
Division 7—Restraining orders
99AA	Paedophile restraining orders
99AAB	Power to conduct routine inspection of computer etc
99AAC	Child protection restraining orders
99C	Issue of restraining order in absence of defendant
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	Applications by or on behalf of child
99K	Burden of proof
99KA	Special restrictions relating to child protection restraining order proceedings
Part 5—Indictable offences
Division 1—Charges of indictable offences
101	Information of indictable offence
102	Joinder and separation of charges
103	Procedure in Magistrates Court
Division 2—Preliminary examination of charges
104	Preliminary examination of charges of indictable offences
105	Procedure at preliminary examination
106	Taking 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 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 training centre
187AA	Cancellation of unexecuted warrants
187A	Proof of convictions or orders
188	Registration of orders for the purpose of enforcement
189	Costs generally
189A	Costs payable by defendant in certain criminal proceedings
189B	Costs in preliminary examination
189C	Costs against informant in proceedings for restraining order
189D	Costs—delay or obstruction of proceedings
190	Witness fees
191	Fees
192	Regulations
Legislative history

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;
cognitive impairment includes—
	(a)	a developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder);
	(b)	an acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder);
	(c)	a mental illness;
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;
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—see subsection (3)(a);
the Principal Registrar means the Principal Registrar of the Magistrates Court;
Registrar means the Principal Registrar or any other Registrar of the Magistrates Court;
restraining order means an order made under Division 7 of Part 4;
rules means the rules of the Magistrates Court;
sensitive material—see section 67H of the Evidence Act 1929;
sensitive material notice—see section 67I of the Evidence Act 1929;
sexual offence means an offence under the Criminal Law Consolidation Act 1935 of the following kind:
	(a)	rape; or
	(ab)	compelled sexual manipulation; or
	(b)	indecent assault; or
	(ba)	persistent sexual exploitation of a child or persistent sexual abuse of a child; or
	(c)	any offence involving unlawful sexual intercourse or an act of gross indecency; or
	(ca)	an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal Law Consolidation Act 1935; 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.
	(3)	Subject to the rules, for the purposes of this Act, unless the contrary intention appears—
	(a)	a reference to a summons, notice or other document, or documentary material, being served personally includes service by means described in section 27(1)(a) and (b); and
	(b)	a reference to a summons, notice or other document, or documentary material, being served by post includes service by means described in section 27(1)(c), (d) and (e).
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;
	(ba)	an offence against Part 4 of the Criminal Law Consolidation Act 1935 involving $2 500 or less not being—
	(i)	an offence of arson or causing a bushfire; or
Note—
See sections 85 and 85B of the Criminal Law Consolidation Act 1935.
	(ii)	an offence of violence; or
	(iii)	an offence that is 1 of a series of offences of the same or a similar character involving more than $2 500 in aggregate;
	(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;
	(AB)	an offence involving a threat to interfere with, damage or destroy another person's property where, if the threat had been carried out, the loss would not have exceeded $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 section 85 or 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 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 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 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.

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 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, 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—Rules in respect of summonses
	(1)	The Magistrates Court may make rules to provide for summonses for the appearance of persons before the Court, including to provide for the manner in which, and by whom, the summons is to be issued, given, sent to, or served, on the person.
	(2)	Without limiting the generality of subsection (1), a summons for the appearance of a person—
	(a)	must be in a form prescribed by the rules; and
	(b)	must be directed to the person; and
	(c)	must state in brief the matter or matters in relation to which the person is charged or is to be charged; and
	(d)	must require the person to appear before the Magistrates Court at a specified time and place to answer to the charge and to be dealt with according to law; and
	(e)	may include any other information that is, in the opinion of the Court, necessary or expedient for the purposes of this Act or any other Act or law.
22A—Description of offence
	(1)	Every information, 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 this Act or any other Act, and the regulations or the rules, a summons, notice or other document required or authorised to be issued, given or sent to, or served on, a person under this Act may—
	(a)	be given personally to the person; or
	(b)	be left for the person at the person's last known residential, business or (in the case of a body corporate) registered address with someone apparently over the age of 16 years; or
	(c)	be posted in an envelope addressed to the person at the person's last known residential, business or (in the case of a body corporate) registered address (in which case the summons, notice or other document will be taken 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); or
	(d)	for the purpose of particular proceedings—be transmitted by fax or email to a fax number or email address provided by the person or a legal practitioner representing the person (in which case the summons, notice or other document will be taken to have been given or served at the time of transmission); or
	(e)	for the purpose of particular proceedings—be made available to the person by some other electronic means, including (for example)—
	(i)	by transmission to an Internet address provided by the person or a legal practitioner representing the person (in which case the summons, notice or other document will be taken to have been given or served at the time of transmission); or
	(ii)	by means of providing (by means of an email transmitted to an email address provided by the person or a legal practitioner representing the person) a link to an Internet address from which the person or legal practitioner may access or download the summons, notice or other document (in which case the summons, notice or other document will be taken to have been given or served at the time of transmission of the email); or
	(iii)	by means of a data storage device from which the summons, notice or other document can be accessed or downloaded—
	(A)	being given personally to the person or a legal practitioner representing the person (in which case the summons, notice or other document will be taken to have been given or served at the time the data storage device is given to the person or legal practitioner, as the case may be); or
	(B)	being left for the person or a legal practitioner representing the person—
	•	at the person's last known residential, business or (in the case of a body corporate) registered address with someone apparently over the age of 16 years; or
	•	at the last known business address of the legal practitioner representing the person with someone apparently over the age of 16 years,
(in which case the summons, notice or other document will be taken to have been given or served at the time the data storage device is so left); or
	(C)	being sent by registered post in an envelope—
	•	addressed to the person at the person's last known residential, business or (in the case of a body corporate) registered address; or
	•	addressed to a legal practitioner representing the person at the legal practitioner's business address,
(in which case the summons, notice or other document will be taken to have been given or served at the time when proof of receipt is given on delivery of the envelope to the address to which it was posted).
	(2)	A summons, notice or other document required or authorised to be given or sent to, or served on, a person under this Act may only be given or sent to, or served on, the person by means referred to in subsection (1)(d) or (e) if, before so doing, it has been ascertained that the person or legal practitioner will be readily able to access or download and (if required) print, the summons, notice or other document.
	(3)	Without limiting the generality of paragraph (e) of subsection (1), the regulations or the rules may prescribe electronic means of service other than those referred to in that paragraph for the purposes of this Act.
	(4)	Without limiting the effect of the preceding subsections, a summons, notice or other document required or authorised to be given or sent to, or served on, a person by this Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served on the person in accordance with that Act.
	(5)	If a summons, notice or other document is given or sent to, or served, otherwise than by being given personally to the person to whom it is to be given or sent, or on whom it is to be served, the Magistrates Court may require the summons, notice or other document to again be given or sent to, or re‑served on, the person if there is reasonable cause to believe that the summons, notice or other document has not come to the notice of the person.
27B—Hearing on a written plea of guilty
If—
	(a)	an information and summons in the form required by the rules under section 57A is served on the defendant named in the summons in accordance with the rules; and
	(b)	the defendant fails to appear in obedience to the summons but pleads guilty in writing to the offence to which that summons relates,
the Magistrates Court may proceed to deal with the matter in the manner provided by sections 62B and 62C.
27C—Hearing if defendant fails to appear
	(1)	Subject to this section, if a summons is served in accordance with section 27 on the defendant named in the summons and—
	(a)	either the defendant fails to appear in obedience to the summons; or
	(b)	the defendant fails to plead guilty in the manner provided for under section 57A to the offence to which the summons relates,
the Magistrates Court may—
	(c)	proceed in the absence of the defendant to the hearing of the information to which the summons relates (and, despite section 62C, adjudicate the matter as if the defendant had personally appeared in obedience to the summons); or
	(d)	order that the information 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 (c)).
	(2)	If a hearing is adjourned under subsection (1)(d), it is not necessary for the Magistrates Court to be constituted of the same judicial officer at the adjourned hearing.
	(3)	On conviction after a hearing under subsection (1), the Magistrates Court must 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 informant proves that the defendant has previously been convicted of such an offence; or
	(d)	make an order for payment of compensation of an amount that exceeds an amount specified in the information,
unless—
	(e)	the summons was given personally to the defendant; or
	(f)	—
	(i)	the Court has first adjourned the hearing of the information to a specified time and place; and
	(ii)	the defendant is personally served, not less than 14 days before the time to which the hearing has been adjourned, with a notice informing the defendant of—
	(A)	the conviction; and
	(B)	the time and place to which the hearing has been adjourned; and
	(C)	the provisions of section 76A; and
	(iii)	the defendant does not, within 14 days after the date of service of the notice on the defendant, apply in accordance with section 76A, for an order setting aside the conviction.
	(4)	If a defendant, not being a defendant who has been personally served with a notice under subsection (3)(f), is convicted after a hearing under subsection (1), the Registrar must, within 7 days of that conviction, serve on the defendant a notice setting out the particulars of the conviction, the penalty imposed and section 76A.
	(5)	If a defendant who has been personally served with a notice under subsection (3)(f) is convicted after a hearing under subsection (1), the Registrar must, within 7 days after the imposition of a penalty in respect of that conviction, serve 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—Information and subsequent proceedings
49—Information
	(1)	Where a person is suspected of having committed a summary offence, an information may be laid in accordance with the rules charging that person with the offence.
	(2)	An information may be laid by the informant personally or by a legal practitioner or other person duly authorised to lay the information on the informant's behalf.
	(3)	If the information is laid orally, it must be reduced to writing.
	(4)	An information charging a person with summary offences only need not be laid on oath unless—
	(a)	some Special Act requires the information to be laid on oath; or
	(b)	a warrant for the arrest of the defendant is to be issued.
	(5)	An information must be filed in the Court as soon as practicable after it is laid.
51—Joinder and separation of charges
	(1)	A person may be charged with any number of summary 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 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.
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 informations and proceedings
	(1)	Whenever in any information, 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 information 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 information 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 informant
	(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 information.
	(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 information, no proof in relation to it shall be required on the part of the informant.
57—Issue of summons by Magistrates Court
	(1)	When an information has been laid and filed in the Magistrates Court, the Court must, subject to subsection (2), issue a summons for the appearance of the defendant.
	(2)	No summons need be issued by the Magistrates Court—
	(aa)	where the summons for the appearance of the defendant has already been issued prior to the information being laid and filed in the Court; or
	(a)	where the relevant law under which the information is laid 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 an information 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—Rules may make provision for written guilty pleas
	(1)	The Magistrates Court may make rules to provide for a person against whom an information has been laid for an offence that is not punishable by imprisonment (either for a first or subsequent offence) to elect to plead guilty to the offence without appearing in the Court in obedience to a summons.
	(2)	Without limiting the generality of subsection (1), the rules may make provision for any of the following matters:
	(a)	the forms of information and summons;
	(b)	the manner in which an information or summons is to be given or sent to, or served on, a person;
	(c)	the manner in which a plea of guilty may be made and given to the Magistrates Court;
	(d)	any other matter that is, in the opinion of the Court, necessary or expedient for the purposes of this section.
	(3)	A defendant who returns a form in which the defendant pleads guilty in accordance with the rules need not attend the Magistrates Court as directed by the summons.
	(4)	If a defendant who has been served with forms of information and summons in accordance with the rules fails to return a form pleading guilty in accordance with the rules, and fails to appear in obedience to the summons, the Magistrates Court may, subject to section 62B, proceed to exercise its powers under section 62(1)(a) or (b).
	(5)	This section does not apply in relation to a defendant who is a child within the meaning of the Young Offenders Act 1993 except where the defendant—
	(a)	is of or above the age of 16 years; and
	(b)	is charged with an offence under the Road Traffic Act 1961.
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 information 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 informant 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 information 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 information 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 information 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 an information laid or to be laid against him, the court may in its discretion hear the information 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 Magistrates Court on written plea of guilty
	(1)	This section sets out the powers of the Magistrates Court that apply when a defendant fails to appear in obedience to a summons but has given the Court, in the manner and form prescribed by the rules made under section 57A, a form pleading guilty.
	(2)	The Magistrates Court may not issue a warrant for the arrest of the defendant on the ground of non‑appearance but may—
	(a)	on proof of service of the information and summons; and
	(b)	on production of the form duly completed,
convict and, subject to this section, adjudicate the matter as fully and effectually to all intents and purposes as if the defendant—
	(c)	had personally appeared before the Court in obedience to the summons; and
	(d)	had pleaded guilty and made the same submissions as to penalty as are set out in the form.
	(3)	The Magistrates Court may receive and act on receipt of a form that has been completed and sent to the Court.
	(4)	The prosecution may recite to the Magistrates Court any relevant matters alleged against the defendant in the same way as if the defendant had personally appeared and pleaded guilty.
	(5)	Nothing in this section prejudices an application by a defendant to withdraw a plea of guilty at any time prior to the hearing and determination of the information laid against the defendant; and the Magistrates Court before whom the defendant appears to answer the information may permit a withdrawal of the plea on such terms as may be just.
	(6)	If a defendant includes in a form pleading guilty matters that would, if true, indicate the defendant has a valid defence to the information, or which differ substantially in relevant particulars from the matters recited to the Magistrates Court by the prosecution, the Court may—
	(a)	strike out the plea of guilty; and
	(b)	adjourn the hearing of the information to a specified time and place; and
	(c)	order that the defendant be served with a summons under section 57,
after which the defendant must be dealt with as though the previous summons had not been issued, and the provisions of this section and section 57A no longer apply.
	(7)	If a defendant who has given the Magistrates Court a form pleading guilty is convicted, the Court must not—
	(a)	impose a sentence of imprisonment on the defendant; or
	(b)	disqualify the defendant from holding or obtaining a licence to drive a motor vehicle unless—
	(i)	it is proved to the Court that the summons was given personally to the defendant; or
	(ii)	the procedure prescribed in section 62C is followed; or
	(c)	treat the offence as other than a first offence unless the informant proves that the defendant has been previously convicted; or
	(d)	subject to the rules—order the defendant to pay witness fees.
	(8)	Where a defendant is convicted under this section, the Registrar must immediately, either personally or by post, give the defendant written notice of—
	(a)	the conviction; and
	(b)	any fine or other monetary sum to be paid; and
	(c)	the time and manner of payment.
62BA—Proceedings where defendant neither appears nor returns written plea of guilty
	(1)	If in any proceedings under this Act—
	(a)	an information has been laid against a defendant; and
	(b)	the defendant has been duly served with a summons but—
	(i)	does not appear at the time and place appointed for the hearing or determination of the information or at a time and place at which the information is subsequently heard or determined; or
	(ii)	in the case of an information and summons served under section 57A—the defendant neither appears nor pleads guilty in the manner provided under that section,
the Magistrates Court may proceed to adjudicate on the information in the absence of the defendant in accordance with section 62, and in so doing regard any allegation contained in the summons, or information and summons, (as served on the defendant) as sufficient evidence of the matter alleged.
	(2)	If the Magistrates Court finds the charge proved, the prosecution 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.
	(3)	For the purposes of subsection (1), allegations are contained in a summons, or information and summons, if they are contained in, annexed to, or accompany, the summons or information and summons.
	(4)	The allegations referred to in subsection (1) may include particulars of the alleged offence and of the circumstances in which it is alleged to have been committed.
	(5)	The provisions of this section are supplementary to, and do not derogate from, any other statutory provision regulating the hearing and determination of an information.
62C—Proceedings in absence of defendant
	(1)	If a defendant fails to appear in obedience to a summons and is convicted (whether on a plea of guilty under section 57A or after a hearing in the defendant's absence)—
	(a)	the Magistrates Court may not disqualify the defendant from holding or obtaining a licence to drive a motor vehicle unless—
	(i)	the summons was given personally to the defendant; or
	(ii)	the Court has first adjourned the hearing to a specified time and place in order to enable the defendant to appear for the purpose of making submissions on the question of penalty; and
	(b)	the Court must not sentence the defendant to imprisonment unless the Court has first adjourned the hearing to a specified time and place in order to enable the defendant to appear for the purpose of making submissions on the question of penalty.
	(2)	The Registrar must, as soon as practicable after an adjournment under subsection (1)(a)(ii) or (b), give written notice to the defendant on the form prescribed by the rules, informing the defendant of the purpose for which the hearing was adjourned and of the defendant's 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 the defendant,
the Magistrates Court may, according to the circumstances, order that the defendant be imprisoned or disqualified from holding or obtaining a licence to drive a motor vehicle, or both.
	(4)	If it appears to the Magistrates 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), the Court may, despite any other provision of this section, proceed to determine the question of penalty and make an order as fully and effectually as if the defendant had been duly given the notice.
	(5)	The contents of a notice may be proved by the production of a document purporting to be a copy of the notice certified by the Registrar to the effect that the document is a true copy of the notice served on the defendant in the manner or at the address, and on the day stated, in the certificate.
	(6)	If a hearing is adjourned under subsection (1), the Magistrates 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 information, with a notice signed by the informant 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 information,
the prosecutor may, after the court has convicted the defendant of the offence alleged in the information, 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 informant
	(1)	If the defendant appears in obedience to the summons, or is brought before the court by virtue of any warrant, then if the informant, having had due notice, does not appear in person or by his counsel or solicitor, the court shall dismiss the information, 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 information.
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 information 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 information, 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 information the court shall proceed to hear—
	(a)	the informant and his witnesses and any other evidence which he adduces in support of his information; and
	(b)	the defendant and his witnesses and any other evidence which he adduces in his defence; and
	(c)	any evidence which the informant 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 information 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 information, 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 information 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 an information (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 information
	(1)	Where charges for more than one offence have been joined in the same information, 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 an information for such an attempt.
71—Order and certificate of dismissal
	(1)	If the court dismisses the information 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 information for the same matter against the same party.
76A—Power to set aside conviction or order
	(1)	The Court may set aside a conviction or order—
	(a)	on its own initiative; or
	(b)	on the application of a party made within 14 days after the party 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 5—Non‑association and place restriction orders
77—Interpretation
In this Division—
close family, in relation to a defendant, means the following people:
	(a)	the defendant's spouse, or former spouse, or a person in a close personal relationship with the defendant;
	(b)	the defendant's parents and grandparents (whether by blood or by marriage);
	(c)	the defendant's children and grandchildren (whether by blood or by marriage);
	(d)	the defendant's brothers and sisters (whether by blood or by marriage);
	(e)	the defendant's guardians or carers;
close personal relationship has the same meaning as in Part 3 of the Family Relationships Act 1975;
health service means a health service within the meaning of the Health Care Act 2008 and includes any service of a kind prescribed by regulation for the purposes of this definition;
non‑association order means an order under section 78—
	(a)	prohibiting a defendant—
	(i)	from being in company with a specified person; or
	(ii)	from communicating with that person by any means,
except at the times or in the circumstances (if any) specified in the order; or
	(b)	prohibiting a defendant—
	(i)	from being in company with a specified person; and
	(ii)	from communicating with that person by any means;
place restriction order means an order under section 78—
	(a)	prohibiting a defendant from frequenting or visiting a specified place or area except at the times or in the circumstances (if any) specified in the order; or
	(b)	prohibiting a defendant from frequenting or visiting a specified place or area at any time or in any circumstance;
prescribed offence means an indictable offence or an offence that would, if committed in this State, be an indictable offence;
spouse—a person is the spouse of another if they are legally married;
welfare service means services (whether provided as public or private services) relating to the provision of housing, employment benefits, rental assistance or other financial assistance, family support and other community welfare services necessary for the promotion, protection, development and maintenance of the well‑being of persons.
78—Non‑association and place‑restriction orders
	(1)	An information may be laid under this section by a police officer.
	(2)	On an information, the Court may make a non‑association order or a place restriction order (or both) in respect of the defendant if—
	(a)	the defendant has, within the period of 2 years immediately preceding the making of the information, been convicted (in this State or elsewhere) of a prescribed offence; and
	(b)	the Court is satisfied that it is reasonably necessary to do so to ensure that the defendant does not commit any further prescribed offences.
	(3)	A non‑association order or a place restriction order—
	(a)	operates for the period specified in the order (which must be not more than 2 years); and
	(b)	may specify that it is to commence at the end of a period of imprisonment being served by the defendant.
	(4)	The Court may—
	(a)	in determining whether it is reasonably necessary to make a non‑association order or a place restriction order to ensure that the defendant does not commit any further prescribed offences, take into account events that have taken place outside of this State; and
	(b)	make a non‑association order or a place restriction order against a defendant whether resident in or outside of this State.
	(5)	If a defendant disputes some or all of the grounds on which a non‑association order or a place restriction 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.
79—Non‑association and place restriction orders not to restrict certain associations or activities
	(1)	The persons specified in a non‑association order as persons with whom the defendant must not associate may not include any member of the defendant's close family.
	(2)	Despite subsection (1), a member of the defendant's close family may be specified in a non‑association order if—
	(a)	the defendant requests that the member be specified in the order; or
	(b)	the Court has reasonable cause to believe, having regard to the criminal antecedents of the member and the defendant, the nature and pattern of criminal activity in which the member and the defendant have both participated or any other matter the Courts thinks fit, that there is an appreciable risk that the defendant may be involved in conduct that could involve the commission of a further prescribed offence if the defendant associates with that member.
	(3)	The places or areas specified in a place restriction order as places or areas that the defendant must not frequent or visit may not include—
	(a)	the defendant's place of residence or the place of residence of any member of the defendant's close family; or
	(b)	any place of work at which the defendant is regularly employed; or
	(c)	any educational institution at which the defendant is enrolled; or
	(d)	any place of worship that the defendant regularly attends.
	(4)	Despite subsection (3), a place or area referred to in that subsection may be specified in a place restriction order if—
	(a)	the defendant requests that the place or area be specified in the order; or
	(b)	the Court has reasonable cause to believe, having regard to the ongoing nature and pattern of participation of the defendant in criminal activity occurring at that place or area, that there is an appreciable risk that the defendant may be involved in conduct that could involve the commission of a further prescribed offence if the defendant frequents or visits that place or area.
80—Issue of non‑association or place restriction order in absence of defendant
	(1)	A non‑association order or a place restriction 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 information and failed to appear.
	(2)	A non‑association order or a place restriction 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 information, 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.
	(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 non‑association order or a place restriction 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 non‑association order or a place restriction 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.
81—Service
	(1)	Subject to the making of an order under subsection (4), a non‑association order or place restriction order must be served on the defendant personally and is not binding on the defendant until it has been so served.
	(2)	If a non‑association order or place restriction order is confirmed in an amended form or is varied before being confirmed or at any other time, subject to the making of a declaration under subsection (4) or subsection (5)—
	(a)	the order in its amended or varied form must be served on the defendant personally; and
	(b)	until so served—
	(i)	the amendment or variation is not binding on the defendant; but
	(ii)	the order as in force prior to the amendment or variation continues to be binding on the defendant.
	(3)	If a police officer has reason to believe that a person is subject to a non‑association order or place restriction order that has not been served on the person, the officer 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)	2 hours,
whichever is the lesser; and
	(b)	if the person refuses or fails to comply with the requirement or the officer 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)	If a police officer satisfies the Court that all reasonable efforts have been made to effect personal service of an order on a defendant in accordance with this section but that those efforts have failed, the Court may declare that subsection (2)(a) does not apply and may make such orders as it thinks fit in relation to substituted service (and in such a case, the non‑association order or place restriction order will not be binding on the defendant until it has been served in accordance with the orders for substituted service).
	(5)	If the Court is satisfied that the order in its amended or varied form is more favourable to the defendant, the Court may declare that subsection (2)(b) does not apply and that the amendment or variation is to be binding on the defendant as from the day of the declaration or such other day as the Court specifies.
82—Variation or revocation of non‑association or place restriction order
	(1)	The Court may vary or revoke a non‑association order or place restriction order on application by a police officer or the defendant.
	(2)	An application for variation or revocation of a non‑association order or place restriction 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.
	(3)	The Court must, before varying or revoking an 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 non‑association order or place restriction order and in considering the terms of such an order.
83—Contravention of non‑association and place restriction orders
	(1)	A person who contravenes or fails to comply with a non‑association order or place restriction order is guilty of an offence.
Maximum penalty: 
	(a)	for a first offence—imprisonment for 6 months;
	(b)	for a subsequent offence—imprisonment for 2 years.
	(2)	Subsection (1) does not apply if the person establishes that he or she had a reasonable excuse for the contravention or failure to comply.
	(3)	Without limiting subsection (2), it is a reasonable excuse for associating with a specified person in contravention of a non‑association order if—
	(a)	the person did so in compliance with an order of a court; or
	(b)	the person did so unintentionally and terminated the association as soon as was reasonably practicable.
	(4)	Without limiting subsection (2), it is a reasonable excuse for frequenting or visiting a specified place or area in contravention of a place restriction order if—
	(a)	the person did so in compliance with an order of a court; or
	(b)	the person did so unintentionally and left the place or area as soon as was reasonably practicable; or
	(c)	the person needed to frequent or visit the place or area in order to—
	(i)	receive a health service or a welfare service; or
	(ii)	obtain legal advice or otherwise be provided with legal services.

Division 7—Restraining orders
99AA—Paedophile restraining orders
	(a1)	An application for a restraining order under this section may be made to the Magistrates Court by a police officer.
	(1)	On the hearing of an application under this section, the Court may make a restraining order against the defendant if—
	(a)	the defendant—
	(i)	is required to comply with the reporting obligations imposed by Part 3 of the Child Sex Offenders Registration Act 2006; or
	(ii)	has been found—
	(A)	loitering near children; or
	(B)	using the internet to communicate with children or persons whom the defendant believed to be children (other than children or persons with whom the defendant has some good reason to communicate),
on at least 2 occasions and there is reason to think that the defendant may, unless restrained, again so loiter or so use the internet; 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 1 or more of the following:
	(a)	loitering—
	(i)	near children at or in the vicinity of a specified place or class of places or in specified circumstances; or
	(ii)	near children in any circumstances;
	(b)	using the internet or using the internet in a manner specified in the order;
	(c)	owning, possessing or using a computer or other device that is capable of being used to gain access to the internet.
	(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 sexual offence against a child 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;
	(ea)	any apparent pattern in the defendant's use of the internet (if any) to contact children;
	(f)	any other matter that, in the circumstances of the case, the Court considers relevant.
	(4)	For the purposes of this section, a defendant loiters near children if the defendant loiters, without reasonable excuse, at or in the vicinity of a school, public toilet or place at which children are regularly present, whether or not children are actually present at the school, public toilet or place.
99AAB—Power to conduct routine inspection of computer etc
	(1)	If a restraining order under section 99AA includes provisions relating to use of the internet by the defendant, a police officer may, at any time, enter premises occupied by the defendant and—
	(a)	inspect any computer or device capable of storing electronic data at those premises; or
	(b)	remove from the premises any computer or device capable of storing electronic data for the purpose of inspecting the computer or device,
to determine whether there is any evidence to suggest that the defendant may have contravened the restraining order.
	(2)	If the defendant is aware that, in order to gain access to data stored on a computer or other device being inspected or removed by a police officer under this section it is necessary to enter any password, code or other information or to perform any function in relation to the data, the defendant must provide the police officer with that password, code or information or assist the police officer in performing that function.
Maximum penalty: Imprisonment for 2 years.
	(3)	If a person is convicted of an offence against subsection (2) in relation to a computer or device that is owned by the convicted person, the computer or device is forfeited to the Crown and may be dealt with and disposed of in such manner as the Minister may direct.
	(4)	A power must not be exercised under this section in relation to particular premises more than once in any 12 month period.
	(5)	If a computer or device removed from premises in accordance with subsection (1)(b) is not to be seized and retained as evidence of an offence, the computer or device must be returned to the defendant—
	(a)	as soon as practicable following inspection of the computer or device; or
	(b)	within 1 month after the removal,
whichever occurs first.
	(6)	A police officer may use such force to enter premises, or to take other action under this section, as is reasonably necessary for the purpose.
	(7)	This section is in addition to, and does not derogate from, any other police powers.
99AAC—Child protection restraining orders
	(1)	An application for a restraining order under this section may be made to the Magistrates Court by—
	(a)	a police officer; or
	(b)	a child, or the guardian of a child, for the protection of whom a restraining order under this section is sought.
	(2)	On the hearing of an application under this section, the Court may make a restraining order against the defendant if—
	(a)	the defendant is an adult who is, or has been, residing with a child under the age of 17 years of whom the defendant is not a guardian; and
	(b)	the defendant and the child are, or have been, residing at premises other than premises in which a guardian of the child resides; and
	(c)	—
	(i)	the defendant or another person who resides at, or frequents, premises at which the defendant and the child reside or have resided—
	(A)	has, within the preceding 10 years, been convicted of a prescribed offence; or
	(B)	is, or has at any time been, subject to a restraining order under this section; or
	(ii)	the Court is satisfied that, as a consequence of the child's contact or residence with the defendant, the child is at risk of—
	(A)	sexual abuse or physical, psychological or emotional abuse or neglect; or
	(B)	engaging in, or being exposed to, conduct that is an offence under Part 5 of the Controlled Substances Act 1984; and
	(d)	the Court is satisfied that the making of the order is appropriate in the 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's primary consideration must be the best interests of the child, and in determining the best interests of the child the Court must have regard to the following matters:
	(a)	the degree of control or influence exerted by the defendant over the child;
	(b)	the prior criminal record (if any) of the defendant;
	(c)	any apparent pattern in the defendant's behaviour towards the child or other children and any apparent justification for that behaviour;
	(d)	the views of the child and any guardian of the child (to the extent that they are made known to the Court);
	(e)	any other matter that the Court considers relevant.
	(4)	The Court may—
	(a)	require that a copy of the application under this section be served on the child, or a guardian of the child, personally; and
	(b)	issue any orders it thinks fit to ensure that the child, or a guardian of the child, is given an opportunity to be heard in relation to the application.
	(5)	A restraining order under this section—
	(a)	may impose such restraints on the defendant as are necessary or desirable to protect the child from any apprehended risk; and
	(b)	may include any consequential or ancillary orders that the Court thinks fit; and
	(c)	will expire when the child reaches the age of 17 years or, if an earlier time is specified in the order, at that earlier time.
	(6)	If the Court has made a restraining order under this section, the Court may also, subject to any current proceedings before, or orders of, the Family Court of Australia or the Youth Court, make orders providing for the temporary placement of the child (pending, if necessary, proceedings before either of those courts)—
	(a)	subject to paragraphs (b) and (c), into the custody of a guardian of the child; or
	(b)	if the Court is not satisfied that placement of the child with a guardian is in the best interests of the child, or if such a placement is not possible or appropriate—into the custody of such other person as the Court directs; or
	(c)	if the Court is not satisfied that placement of the child with a guardian or some other person is in the best interests of the child, or if such a placement is not possible or appropriate—into the custody of the Minister (for a period not exceeding 28 days) and the care of such person as the Chief Executive, or the Chief Executive's nominee, directs.
	(7)	If the applicant is not a police officer, and the application is not made by telephone by a person introduced by a police officer, 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 application 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 application;
	(c)	without limiting the circumstances in which the Court may exercise the discretion, the Court may exercise the discretion under paragraph (b) to dismiss the application if satisfied that the application is frivolous, vexatious, without substance or has no reasonable prospect of success;
	(d)	there is a presumption against exercising the discretion under paragraph (b) to dismiss the application if the application discloses allegations of—
	(i)	sexual abuse; or
	(ii)	conduct that is an offence under Part 5 of the Controlled Substances Act 1984;
	(e)	if the Court exercises the discretion under paragraph (b) to dismiss the application, it must record the reasons for doing so in writing.
	(8)	In this section—
Chief Executive means the person for the time being holding, or acting in, the position of Chief Executive of the administrative unit of the Public Service charged with the administration of the Children's Protection Act 1993;
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):
	(a)	rape;
	(b)	indecent assault;
	(c)	incest;
	(d)	an offence involving unlawful sexual intercourse;
	(daa)	an offence of persistent sexual abuse of a child under section 50 of the Criminal Law Consolidation Act 1935;
	(da)	an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal Law Consolidation Act 1935;
	(e)	an offence involving an act of gross indecency;
	(f)	an offence involving child prostitution;
	(g)	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;
	(h)	an attempt to commit, or assault with intent to commit, any of the offences referred to in the above paragraphs;
	(i)	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 paragraphs 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;
conviction—a person is taken to have been convicted of an offence if—
	(a)	the person was convicted of the offence; or
	(b)	the person was charged with, and found guilty of, the offence but was discharged without conviction; or
	(c)	a court, with the consent of the person, took the offence, of which the person had not been found guilty, into account in passing sentence on the person for another offence; or
	(d)	a court has, under Part 8A Division 2 of the Criminal Law Consolidation Act 1935 recorded findings that—
	(i)	the person was mentally incompetent to commit the offence; and
	(ii)	the objective elements of the offence were established; or
	(e)	a court has, under Part 8A Division 3 of the Criminal Law Consolidation Act 1935, recorded findings that—
	(i)	the person was mentally unfit to stand trial on a charge of the offence; and
	(ii)	the objective elements of the offence were established;
guardian, of a child, means a parent of the child, a person who is the legal guardian of the child or has the legal custody of the child or any other person who stands in loco parentis to the child and has done so for a significant length of time;
Minister means the Minister to whom the administration of the Children's Protection Act 1993 is committed;
prescribed offence means—
	(a)	a child sexual offence; or
	(b)	an offence under Part 5 of the Controlled Substances Act 1984;
sexual abuse—a child is sexually abused if—
	(a)	a child sexual offence is committed against or in relation to the child; or
	(b)	the child is exposed to the commission of a child sexual offence against or in relation to another child.
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 application 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 application, 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.
	(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.
99E—Service
	(1)	Subject to the making of an order under subsection (5), a restraining order must be served on the defendant in accordance with this section 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, subject to the making of an order under subsection (5) or a declaration under subsection (6)—
	(a)	the order in its amended or varied form must be served on the defendant in accordance with this section; and
	(b)	until so served—
	(i)	the amendment or variation is not binding on the defendant; but
	(ii)	the order as in force prior to the amendment or variation continues to be binding on the defendant.
	(3)	For the purposes of this section, a restraining order, or a restraining order in its amended or varied form, is served on the defendant if—
	(a)	the order is served personally on the defendant; or
	(b)	the order is served on the defendant in some other manner authorised by the Magistrates Court; or
	(c)	the defendant is present in the Court when the order is made, amended or varied (as the case requires).
	(4)	If a police officer has reason to believe that a person is subject to a restraining order that has not been served on the person, the officer 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)	2 hours,
whichever is the lesser; and
	(b)	if the person refuses or fails to comply with the requirement or the officer 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).
	(5)	If a police officer satisfies the Court that all reasonable efforts have been made to effect personal service of an order on a defendant but that those efforts have failed, the Court may make an order authorising service in such other manner as the Court thinks fit and specifies in the order (and, in such a case, the restraining order will not be binding on the defendant until it has been served in accordance with that order).
	(6)	If the Court is satisfied that the order in its amended or varied form is more favourable to the defendant, the Court may declare that subsection (2)(b) does not apply and that the amendment or variation is to be binding on the defendant as from the day of the declaration or such other day as the Court specifies.
99F—Variation or revocation of restraining order
	(1)	The Court may vary or revoke a restraining order on application—
	(a)	in the case of a restraining order made under section 99AAC—by a parent or guardian of the child for the protection of whom the order was made; and
	(b)	in any case—
	(i)	by a police officer; or
	(ii)	by the person for whose benefit the order was made; or
	(iii)	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.
	(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 applicant for the order is not a police officer, the applicant.
	(2)	Where a restraining order is varied or revoked, the Principal Registrar must notify the Commissioner of Police, and, where the applicant for the order is not a police officer, the applicant, 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 police officer; 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: Imprisonment for 2 years.
	(2)	If a police officer has reason to suspect that a person has committed an offence against subsection (1), the officer 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.
	(5)	If—
	(a)	a person is convicted of an offence of contravening or failing to comply with a restraining order under section 99AA; and
	(b)	the offence involved the use of a computer or other device capable of being used to gain access to the internet that is owned by the convicted person,
the computer or device is forfeited to the Crown and may be dealt with and disposed of in such manner as the Minister may direct.
	(6)	If a restraining order is made under section 99AAC for the protection of a child, the child cannot be convicted of an offence of aiding, abetting, counselling or procuring the commission of an offence against subsection (1) relating to a contravention of, or failure to comply with, the restraining order.
99J—Applications by or on behalf of child
An 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.
99KA—Special restrictions relating to child protection restraining order proceedings
	(1)	A person must not publish, by radio, television, newspaper or in any other way, a report of child protection restraining order proceedings if—
	(a)	the Court prohibits publication of any report of the proceedings; or
	(b)	the report—
	(i)	identifies the child or contains information tending to identify the child for the protection of whom a restraining order is sought or has been made; or
	(ii)	reveals the name, address or school, or includes any particulars, picture or film that may lead to the identification, of any child who is concerned in those proceedings.
	(2)	The Court may, on such conditions as it thinks fit, permit the publication of particulars, pictures or films that would otherwise be suppressed from publication under subsection (1)(b).
	(3)	A person who contravenes subsection (1), or a condition imposed under subsection (2), is guilty of an offence.
Maximum penalty: $10 000.
	(4)	No person may be present in the Court during child protection restraining order proceedings except the following:
	(a)	officers of the Court;
	(b)	officers of the administrative unit of the Public Service charged with the administration of the Children's Protection Act 1993;
	(c)	parties to the proceedings and their legal representatives;
	(d)	witnesses while giving evidence or permitted by the Court to remain in the Court;
	(e)	any guardian of the child for the protection of whom the restraining order is sought;
	(f)	any other persons authorised by the Court to be present.
	(5)	The Court may, however, exclude any of those persons from the Court if the Court considers it necessary to do so in the interests of the proper administration of justice.
	(6)	In this section—
child protection restraining order proceedings means—
	(a)	proceedings under section 99AAC; or
	(b)	proceedings under section 99F relating to an application to vary or revoke a restraining order made under section 99AAC.

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 separate information.
	(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 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.
	(3aa)	If a defendant charged with a major indictable offence admits the charge before the charge proceeds to a preliminary examination, the Court may, subject to section 108(1)—
	(a)	determine and impose sentence on the defendant (in the same way as for a charge of a summary offence); or
	(b)	commit the defendant to a superior Court for sentence.
	(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.
	(5)	The fact that an information charging an indictable offence has been filed in the Court does not prevent the Director of Public Prosecutions from subsequently presenting to the Supreme Court or District Court an information charging the same offence under section 275 of the Criminal Law Consolidation Act 1935 if the Director of Public Prosecutions thinks fit (and the information filed in the Court will, on the giving of written notice by the Director of Public Prosecutions to the Registrar of that fact, be taken to have been withdrawn).
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 sensitive material or documents that are of only peripheral relevance to the subject matter of the charge); and
	(iii)	a document describing any other evidentiary material (including sensitive material and documents that are of only 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 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 copies of all documentary material filed under paragraph (a) to the defendant or a legal practitioner representing the defendant.
	(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 an affidavit; 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)	an audio visual record or audio record of the interview, or the reading over of a written record of the interview, was made under the Summary Offences Act 1953,
must be accompanied by a copy of the audio visual record or audio record.
	(4)	However, if the witness is a witness to whom this subsection applies, 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 an audio visual record or audio 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 recording 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 recording at least 14 days before the date appointed for the defendant's appearance to answer the charge or, if the recording comes into the prosecutor's possession on a later date, as soon as practicable after the recording comes into the prosecutor's possession; and
	(ii)	inform the defendant that the defendant is entitled to have the recording 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 recording; and
	(c)	the time proposed for playing the recording must be at least 14 days before the date appointed for the defendant's appearance to answer the charge or, if the recording comes into the prosecutor's possession at a later date, as soon as practicable after the recording comes into the prosecutor's possession (but the time and place may be modified by agreement).
	(4a)	Subsection (4) applies to a witness who is—
	(a)	illiterate; or
	(b)	a child of or under the age of 14 years; or
	(c)	a person with a disability that adversely affects the person's capacity to give a coherent account of the person's experiences or to respond rationally to questions.
	(5)	If the prosecutor relies on evidence that is sensitive material as tending to establish the guilt of the defendant, the prosecutor must, at least 14 days before the date appointed for the defendant's appearance to answer the charge—
	(a)	give the defendant copies of the sensitive material; or
	(b)	give the defendant a sensitive material notice in relation to the material.
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 may, subject to section 108(1)—
	(i)	determine and impose sentence on the defendant (in the same way as for a charge of a summary offence); or
	(ii)	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 Court may, subject to section 108(1)—
	(A)	determine and impose sentence on the defendant (in the same way as for a charge of a summary offence); or
	(B)	commit the defendant 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)	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 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, a person with a cognitive impairment that adversely affects the person's capacity to give a coherent account of the person's experiences or to respond rationally to questions or a child of or under the age of 14 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 information charging the defendant with summary offences only.
	(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
	(1)	If—
	(a)	a defendant admits a charge of a major indictable offence (other than treason, murder, or an attempt or conspiracy to commit, or assault with intent to commit, either of those offences); and
	(b)	the Director of Public Prosecutions for the State or the Commonwealth and the defendant consent to the defendant being sentenced by the Court,
the Court is to determine and impose sentence itself unless the Court is of the opinion that the interests of justice require committal to a superior Court.
	(2)	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 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 an indictable offence.

Part 7—Supplementary provisions
181—Charges
	(1)	An information is not invalid because of a defect of substance or of form.
	(2)	The Court may—
	(a)	amend an information 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 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 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 administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Youth Justice Administration Act 2016, 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 on which the conviction or order was made, and of the minute or memorandum thereof made by the court and endorsed on the information.
	(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 generally
Subject to sections 189A to 189D (inclusive), the Court may award such costs for or against a party to proceedings as the Court thinks fit.
189A—Costs payable by defendant in certain criminal proceedings
	(1)	This section does not apply to—
	(a)	a defendant who enters a written plea of guilty in accordance with section 57A.
	(2)	If the Court finds a defendant guilty in proceedings for an offence prosecuted by a police officer, the Court must, subject to subsection (3), make an order for costs against the defendant for—
	(a)	if an amount is prescribed by regulation for the purposes of this subsection—the prescribed amount; or
	(b)	if no such amount is prescribed—$100.
	(3)	If the prosecution agrees that an order under subsection (2) should not be made, the Court may instead make some other order as to costs (or may make no order as to costs).
189B—Costs in preliminary examination
Despite any other provision of this Part, 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.
189C—Costs against informant in proceedings for restraining order
	(1)	Despite any other provision of this Part, costs will not be awarded against an informant in proceedings for a restraining order unless the Court is satisfied that the informant has acted in bad faith or unreasonably in bringing the proceedings.
	(2)	In this section—
informant, in relation to a restraining order, includes an applicant for a restraining order;
restraining order includes a domestic violence restraining order under the Domestic Violence Act 1994 and an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009.
189D—Costs—delay or obstruction of proceedings
	(1)	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.
	(2)	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.
	(3)	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.
	(4)	Before making an order under subsection (1), (2) or (3), 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.
	(5)	A person against whom an order for costs is made under subsection (1), (2) or (3) has the same rights of appeal as a party to a civil action.
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)	
2008	7	Statutes Amendment (Evidence and Procedure) Act 2008	17.4.2008	Pt 6 (ss 25 & 26)—23.11.2008 (Gazette 20.11.2008 p5171)	
2008	10	Criminal Law Consolidation (Rape and Sexual Offences) Amendment Act 2008	17.4.2008	Sch 1 (cl 6)—23.11.2008 (Gazette 20.11.2008 p5171)	
2009	40	Statutes Amendment (Property Offences) Act 2009	17.9.2009	Pt 3 (s 7)—20.12.2009 (Gazette 17.12.2009 p6351)	
2009	78	Statutes Amendment (Children's Protection) Act 2009	10.12.2009	Pt 4 (ss 8—19)—1.8.2010 (Gazette 17.6.2010 p3077)	
2009	84	Statutes Amendment (Public Sector Consequential Amendments) Act 2009	10.12.2009	Pt 151 (s 346)—1.2.2010 (Gazette 28.1.2010 p320)	
2009	85	Intervention Orders (Prevention of Abuse) Act 2009	10.12.2009	9.12.2011 (Gazette 20.10.2011 p4269) except Sch 1 (cll 20(2), 22, 23 (insofar as it deletes s 99A), 24, 27(1), 28—30 & 33)—uncommenced	
2011	31	Statutes Amendment (Budget 2011) Act 2011	4.8.2011	Pt 5 (s 18)—1.7.2012 (Gazette 20.10.2011 p4270)	
2012	12	Statutes Amendment (Serious and Organised Crime) Act 2012	10.5.2012	Pt 12 (ss 49 & 50)—17.6.2012 (Gazette 14.6.2012 p2756)	
2012	43	Statutes Amendment (Courts Efficiency Reforms) Act 2012	22.11.2012	Pt 13 (ss 36—42)—1.7.2013 (Gazette 16.5.2013 p1541)	
2013	31	Statutes Amendment (Fines Enforcement and Recovery) Act 2013	1.8.2013	Pt 10 (s 47)—3.2.2014 (Gazette 30.1.2014 p422)	
2015	16	Statutes Amendment (Vulnerable Witnesses) Act 2015	6.8.2015	Pt 6 (ss 30 & 31)—1.7.2016 (Gazette 23.6.2016 p2618)	
2016	28	Statutes Amendment (Attorney-General's Portfolio) Act 2016	16.6.2016	Pt 14 (ss 33—35)—16.6.2016: s 2(1)	
2016	43	Summary Procedure (Abolition of Complaints) Amendment Act 2016	29.9.2016	Pt 2 (ss 4—49) & Sch 1 (cl 2)—3.10.2017 (Gazette 1.8.2017 p3039)	
2016	62	Statutes Amendment (Courts and Justice Measures) Act 2016	8.12.2016	Pt 8 (s 14)—8.12.2016: s 2(1)	
2016	63	Statutes Amendment (South Australian Employment Tribunal) Act 2016	8.12.2016	Pt 19 (ss 136 & 137)—1.7.2017 (Gazette 16.5.2017 p1221)	
2017	18	Summary Procedure (Indictable Offences) Amendment Act 2017	14.6.2017	Pt 2 (ss 4—10), Sch 1 & Sch 2 (cl 41)—5.3.2018 (Gazette 12.12.2017 p4961	
2017	36	Summary Procedure (Service) Amendment Act 2017	22.8.2017	Pt 2 (ss 4—17)—4.3.2018 (Gazette 23.1.2018 p283)	
2017	41	Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2017	24.10.2017	Pt 8 (ss 14 & 15)—24.10.2017	
2017	64	Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017	12.12.2017	Pt 20 (ss 130 & 131)—22.10.2018 (Gazette 19.12.2017 p5119)	
2017	71	Fines Enforcement and Debt Recovery Act 2017	12.12.2017	Sch 1 (cl 32)—30.4.2018 (Gazette 6.2.2018 p609)	
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	
	amended by 18/2017 s 4	5.3.2018—not incorporated	
Pt 1			
s 1	substituted by 72/1991 s 4	6.7.1992	
	amended by 18/2017 s 5	5.3.2018—not incorporated	
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)			
answer charge hearing	inserted by 18/2017 s 6(1)	5.3.2018—not incorporated	
case statement	inserted by 18/2017 s 6(1)	5.3.2018—not incorporated	
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	
cognitive impairment	inserted by 28/2016 s 33(1)	16.6.2016	
complaint	amended by 72/1991 s 6(b)	6.7.1992	
	deleted by 43/2016 s 4	3.10.2017	
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	
	deleted by 18/2017 s 6(2)	5.3.2018—not incorporated	
defence case statement	inserted by 18/2017 s 6(2)	5.3.2018—not incorporated	
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	
	deleted by 18/2017 Sch 1	5.3.2018—not incorporated	
foreign restraining order	inserted by 20/1994 s 3(b)	1.8.1994	
Full Court	inserted by 18/2017 s 6(3)	5.3.2018—not incorporated	
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	
	deleted by 63/2016 s 136(1)	1.7.2017	
industrial offence	substituted by 72/1991 s 6(e)	6.7.1992	
	deleted by 63/2016 s 136(2)	1.7.2017	
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	
	substituted by 36/2017 s 4(1)	4.3.2018	
the Principal Registrar	inserted by 72/1991 s 6(j)	6.7.1992	
prosecution case statement	inserted by 18/2017 s 6(4)	5.3.2018—not incorporated	
Registrar	inserted by 72/1991 s 6(j)	6.7.1992	
relevant family contact order	inserted by 67/1996 s 30	17.10.1996	
	deleted by 85/2009 Sch 1 cl 20(1)	9.12.2011	
restraining order	inserted by 20/1994 s 3(e)	1.8.1994	
	substituted by 51/1995 s 4	30.10.1995	
	substituted by 78/2009 s 8	1.8.2010	
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	
sensitive material	inserted by 7/2008 s 25	23.11.2008	
sensitive material notice	inserted by 7/2008 s 25	23.11.2008	
sentencing law	inserted by 18/2017 s 6(5)	5.3.2018—not incorporated	
sexual offence	inserted by 60/1987 s 4	17.9.1987	
	amended by 10/2008 Sch 1 cl 6(1)—(3)	23.11.2008	
	amended by 28/2016 s 33(2)	16.6.2016	
	amended by 41/2017 s 14	24.10.2017	
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 4(3)	inserted by 36/2017 s 4(2)	4.3.2018	
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	
	amended by 40/2009 s 7(1)	20.12.2009	
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	
	amended by 40/2009 s 7(2)	20.12.2009	
s 5(3a)	inserted by 26/2002 s 19(2) (Sch 3 cl 9(f))	5.7.2003	
	amended by 40/2009 s 7(3)	20.12.2009	
s 5(6)	substituted by 43/1994 s 19	9.6.1994	
	amended by 43/2016 s 5(1)	3.10.2017	
s 5(7)	substituted by 43/1994 s 19	9.6.1994	
s 5(8)	amended by 43/2016 s 5(2)	3.10.2017	
s 7	substituted by 72/1991 s 9	6.7.1992	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
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	
	deleted by 63/2016 s 137	1.7.2017	
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	
	amended by 43/2016 s 6(1), (2)	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 21	deleted by 6/1985 s 4(a)	7.7.1985	
s 22 before substitution by 36/2017	amended by 72/1991 s 13	6.7.1992	
	amended by 43/2016 s 7(1), (2)	3.10.2017	
s 22	substituted by 36/2017 s 5	4.3.2018	
s 22A			
s 22A(1)	amended by 43/2016 s 8	3.10.2017	
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 before substitution by 36/2017			
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	
	amended by 43/2016 s 9	3.10.2017	
s 27(3)	inserted by 26/1982 s 5(b)	1.8.1982	
	amended by 72/1991 s 16	6.7.1992	
s 27	substituted by 36/2017 s 6	4.3.2018	
Heading preceding s 27A	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 27A before deletion by 36/2017			
s 27A(1)	amended by 49/1980 s 2	3.7.1980	
	amended by 72/1991 s 17	6.7.1992	
	amended by 43/2016 s 10	3.10.2017	
s 27A(3)	amended by 32/1986 s 3	1.7.1986	
	amended by 5/1988 s 3	5.5.1988	
s 27A	deleted by 36/2017 s 6	4.3.2018	
s 27B before substitution by 36/2017	amended by 43/2016 s 11	3.10.2017	
s 27B	substituted by 36/2017 s 7	4.3.2018	
s 27C before substitution by 36/2017			
s 27C(1)	amended by 43/2016 s 12(1)—(3)	3.10.2017	
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	
	amended by 43/2016 s 12(4), (5)	3.10.2017	
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 27C	substituted by 36/2017 s 7	4.3.2018	
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	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
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	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
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	amended by 43/2016 s 13	3.10.2017	
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)	amended by 62/1993 s 33	1.7.1993	
	amended by 43/2016 s 14(1)	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 49(2)	amended by 62/1993 s 33	1.7.1993	
	amended by 43/2016 s 14(2)	3.10.2017	
s 49(3)	amended by 43/2016 s 14(3)	3.10.2017	
s 49(4)	amended by 43/2016 s 14(4), (5)	3.10.2017	
s 49(5)	amended by 43/2016 s 14(6), (7)	3.10.2017	
s 49(5)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 50	deleted by 72/1991 s 22	6.7.1992	
s 51	substituted by 72/1991 s 23	6.7.1992	
s 51(1)	amended by 43/2016 s 15(1)	3.10.2017	
s 51(2)	amended by 43/2016 s 15(1), (2)	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
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	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 52(2)	inserted by 53/2003 s 12(2)	18.12.2003	
	amended by 71/2017 Sch 1 cl 32	30.4.2018—not incorporated	
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 54			
s 54(1)—(3)	amended by 43/2016 s 16	3.10.2017	
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	
s 56			
s 56(1)	amended by 43/2016 s 17(1)	3.10.2017	
s 56(2)	amended by 43/2016 s 17(1), (2)	3.10.2017	
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(1)	amended by 43/2016 s 18(1)	3.10.2017	
	amended by 36/2017 s 8(1)	4.3.2018	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 57(2)	amended by 17/2006 s 227	4.9.2006	
	amended by 43/2016 s 18(2)	3.10.2017	
	amended by 36/2017 s 8(2), (3)	4.3.2018	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 57(3)	amended by 43/2016 s 18(3)	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 57A before substitution by 36/2017			
s 57A(1)	amended by 49/1980 s 3(a)	3.7.1980	
	amended by 72/1991 s 26(a), (b)	6.7.1992	
	amended by 43/2016 s 19(1), (2)	3.10.2017	
s 57A(2)	amended by 43/2016 s 19(3)	3.10.2017	
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	
	amended by 43/2016 s 19(4)	3.10.2017	
s 57A(7a)	inserted by 26/1982 s 9	1.8.1982	
	amended by 72/1991 s 26(f), (g)	6.7.1992	
	amended by 43/2016 s 19(5), (6)	3.10.2017	
s 57A(8)	amended by 49/1980 s 3(c)	3.7.1980	
	amended by 72/1991 s 26(h)	6.7.1992	
	amended by 43/2016 s 19(7)	3.10.2017	
s 57A(9)	amended by 72/1991 s 26(i), (j)	6.7.1992	
	amended by 43/2016 s 19(8)	3.10.2017	
s 57A(10)	substituted by 44/1979 s 5(2) (Sch)	1.7.1979	
s 57A(11)	substituted by 49/1980 s 3(d)	3.7.1980	
s 57A(11)	substituted by 49/1980 s 3(d)	3.7.1980	
public officer	amended by 78/2009 s 19(3)	1.8.2010	
s 57A	substituted by 36/2017 s 9	4.3.2018	
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	
	amended by 43/2016 s 20	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
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	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 60			
s 60(1)	amended by 72/1991 s 29(a)—(d)	6.7.1992	
	amended by 43/2016 s 21	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 60(2)	substituted by 6/1985 s 4(d)	7.7.1985	
	amended by 72/1991 s 29(e)	6.7.1992	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 62			
s 62(1) and (2)	amended by 17/2006 s 228	4.9.2006	
	amended by 43/2016 s 22	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 62(3)	substituted by 72/1991 s 30	6.7.1992	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
Pt 4 Div 3			
heading	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 62A	amended by 6/1985 s 4(e)	7.7.1985	
s 62A(1)	amended by 17/2006 s 229	4.9.2006	
	amended by 43/2016 s 23(1), (2)	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 62B before substitution by 36/2017			
s 62B(1)	amended by 43/2016 s 24(1)	3.10.2017	
s 62B(4)	amended by 43/2016 s 24(2)	3.10.2017	
s 62B(5)	amended by 43/2016 s 24(1)	3.10.2017	
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	
	amended by 43/2016 s 24(3)	3.10.2017	
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 62B	substituted by 36/2017 s 10	4.3.2018	
s 62B			
s 62B(5)	substituted by 18/2017 Sch 1	5.3.2018—not incorporated	
s 62BA before substitution by 36/2017			
s 62BA(1)	amended by 49/1980 s 4(a)	3.7.1980	
	amended by 17/2006 s 230	4.9.2006	
	amended by 43/2016 s 25(1)—(4)	3.10.2017	
s 62BA(2)	amended by 43/2016 s 25(5)	3.10.2017	
s 62BA(4)	amended by 49/1980 s 4(b)	3.7.1980	
	amended by 43/2016 s 25(6), (7)	3.10.2017	
s 62BA(5)	amended by 43/2016 s 25(8)	3.10.2017	
s 62BA	substituted by 36/2017 s 10	4.3.2018	
s 62C before substitution by 36/2017			
s 62C(1)	amended by 51/1988 s 50	1.1.1989	
	amended by 17/2006 s 231	4.9.2006	
	amended by 43/2016 s 26	3.10.2017	
s 62C(2)	amended by 72/1991 s 32(a), (b)	6.7.1992	
	amended by 43/2016 s 26	3.10.2017	
s 62C(3)			
s 62C(3a)	amended by 72/1991 s 32(c)	6.7.1992	
s 62C(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 62C	substituted by 36/2017 s 10	4.3.2018	
s 62D			
s 62D(1)	amended by 43/2016 s 27(1), (2)	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 62D(2)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 62D(3) and (4)	inserted by 26/1982 s 10	1.8.1982	
s 63			
s 63(1)	amended by 43/2016 s 28(1), (2)	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 63(2)	deleted by 72/1991 s 33	6.7.1992	
s 64	amended by 43/2016 s 29	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
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 67			
s 67(1)	amended by 43/2016 s 30	3.10.2017	
s 67(2)	amended by 43/2016 s 30	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 68			
s 68(1)	amended by 43/2016 s 31(1)—(3)	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 68(3)	amended by 72/1991 s 36	6.7.1992	
	amended by 43/2016 s 31(1)	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 69	amended by 43/2016 s 32	3.10.2017	
	substituted by 18/2017 Sch 1	5.3.2018—not incorporated	
s 69A			
s 69A(1)	amended by 51/1988 s 52	1.1.1989	
	amended by 72/1991 s 37	6.7.1992	
	amended by 43/2016 s 33	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 69A(2) and (3)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
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	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 70(2)	s 70 second sentence redesignated as s 70(2) by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 70A			
s 70A(1)	amended by 43/2016 s 34	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 70AB and heading	deleted by 51/1988 s 53	1.1.1989	
s 70B	amended by 72/1991 s 38	6.7.1992	
	amended by 43/2016 s 35	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 71			
s 71(1)	amended by 43/2016 s 36	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 71(2)	amended by 43/2016 s 36	3.10.2017	
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 76A(1)	substituted by 43/2012 s 36	1.7.2013	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 76A(2)	deleted by 43/2012 s 36	1.7.2013	
s 76A(3) and (4)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
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	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
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 5	inserted by 12/2012 s 49	17.6.2012	
s 78			
s 78(1)	amended by 43/2016 s 37(1)	3.10.2017	
s 78(2)	amended by 43/2016 s 37(2), (3)	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 78(4) and (5)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 79			
s 79(2) and (4)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 80			
s 80(1)	amended by 43/2016 s 38	3.10.2017	
s 80(2)	amended by 43/2016 s 38	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 80(3)—(8)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 81			
s 81(3)—(5)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 82			
s 82(1)—(3)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
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 before deletion by 85/2009			
s 99(a1)	inserted by 78/2009 s 9(1)	1.8.2010	
s 99(1)	amended by 78/2009 s 9(2)	1.8.2010	
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)	inserted by 24/1999 s 13(c)	16.5.1999	
	amended by 78/2009 s 19(1)	1.8.2010	
s 99(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 99	deleted by 85/2009 Sch 1 cl 21	9.12.2011	
s 99AA	inserted by 51/1995 s 5	30.10.1995	
s 99AA(a1)	inserted by 78/2009 s 10(1)	1.8.2010	
	amended by 43/2016 s 39(1)	3.10.2017	
	substituted by 36/2017 s 11(1)	4.3.2018	
s 99AA(1)	amended by 38/2007 s 4(1)	9.12.2007	
	(b) deleted by 38/2007 s 4(1)	9.12.2007	
	amended by 78/2009 s 10(2)	1.8.2010	
	amended by 43/2016 s 39(2)	3.10.2017	
	amended by 36/2017 s 11(2)	4.3.2018	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 99AA(2)	substituted by 38/2007 s 4(2)	9.12.2007	
s 99AA(3)	amended by 38/2007 s 4(3), (4)	9.12.2007	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 99AA(4)	amended by 44/2006 s 65(1), (2)	18.1.2007	
	substituted by 38/2007 s 4(5)	9.12.2007	
s 99AAB	inserted by 38/2007 s 5	9.12.2007	
s 99AAB(2)	amended by 78/2009 s 11	1.8.2010	
s 99AAC	inserted by 78/2009 s 12	1.8.2010	
s 99AAC(1)	amended by 43/2016 s 40(1)	3.10.2017	
	amended by 36/2017 s 12(1)	4.3.2018	
s 99AAC(2)	amended by 43/2016 s 40(2)	3.10.2017	
	amended by 36/2017 s 12(2)	4.3.2018	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 99AAC(3)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 99AAC(4)	amended by 43/2016 s 40(3)	3.10.2017	
	amended by 36/2017 s 12(3), (4)	4.3.2018	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 99AAC(5)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 99AAC(6)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 99AAC(7)	amended by 43/2016 s 40(4)—(10)	3.10.2017	
	amended by 36/2017 s 12(5)—(11)	4.3.2018	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 99AAC(8)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
Chief Executive	substituted by 64/2017 s 130(1)	22.10.2018—not incorporated	
child sexual offence	amended by 28/2016 s 34	16.6.2016	
	amended by 41/2017 s 15	24.10.2017	
Minister	amended by 64/2017 s 130(2)	22.10.2018—not incorporated	
s 99A	deleted by 78/2009 s 13	1.8.2010	
s 99B before deletion by 85/2009			
s 99B(1)	amended by 78/2009 s 19(1)	1.8.2010	
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 99B(7)	amended by 78/2009 s 19(1), (2)	1.8.2010	
s 99B	deleted by 85/2009 Sch 1 cl 23	9.12.2011	
s 99C			
s 99C(1)	amended by 43/2016 s 41	3.10.2017	
	amended by 36/2017 s 13	4.3.2018	
s 99C(2)	substituted by 24/1999 s 15(a)	16.5.1999	
	amended by 43/2016 s 41	3.10.2017	
	amended by 36/2017 s 13	4.3.2018	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 99C(3a)	inserted by 23/2004 s 25	1.9.2004	
	deleted by 78/2009 s 14	1.8.2010	
s 99C(4)—(6)	substituted by 24/1999 s 15(b)	16.5.1999	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 99C(7) and (8)	inserted by 24/1999 s 15(b)	16.5.1999	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 99CA before deletion by 85/2009	inserted by 23/2004 s 26	1.9.2004	
s 99CA(1)	amended by 78/2009 s 19(1)	1.8.2010	
s 99CA	deleted by 85/2009 Sch 1 cl 25	9.12.2011	
s 99D before deletion by 85/2009			
s 99D(1)	amended by 51/1995 s 6	30.10.1995	
	amended by 24/1999 s 16(a)	16.5.1999	
	amended by 78/2009 s 19(1)	1.8.2010	
s 99D(2)	amended by 24/1999 s 16(b)	16.5.1999	
s 99D	deleted by 85/2009 Sch 1 cl 25	9.12.2011	
s 99E before substitution by 36/2017			
s 99E(1)	s 99E redesignated as s 99E(1) by 24/1999 s 17	16.5.1999	
s 99E(2)	inserted by 24/1999 s 17	16.5.1999	
s 99E(3)	inserted by 24/1999 s 17	16.5.1999	
	amended by 78/2009 s 19(1), (2)	1.8.2010	
s 99E(4)	inserted by 24/1999 s 17	16.5.1999	
	amended by 78/2009 s 19(1)	1.8.2010	
	deleted by 85/2009 Sch 1 cl 26	9.12.2011	
s 99E	substituted by 36/2017 s 14	4.3.2018	
s 99F			
s 99F(1)	amended by 78/2009 ss 15, 19(1)	1.8.2010	
	(c) deleted by 78/2009 s 15	1.8.2010	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 99F(1a)	inserted by 24/1999 s 18(a)	16.5.1999	
	amended by 17/2006 s 232	4.9.2006	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 99F(2)	deleted by 85/2009 Sch 1 cl 27(2)	9.12.2011	
s 99F(3)	substituted by 67/1996 s 33	17.10.1996	
	amended by 24/1999 s 18(b)	16.5.1999	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 99G			
s 99G(1)	amended by 43/2016 s 42	3.10.2017	
	amended by 78/2009 s 19(1)	1.8.2010	
	amended by 36/2017 s 15(1), (2)	4.3.2018	
s 99G(2)	amended by 78/2009 s 19(1)	1.8.2010	
	amended by 43/2016 s 42	3.10.2017	
	amended by 36/2017 s 15(3), (4)	4.3.2018	
s 99H			
s 99H(1) and (3)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 99H(4)	amended by 78/2009 s 19(1)	1.8.2010	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 99H(6)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 99I			
s 99I(1)	amended by 78/2009 s 16(1)	1.8.2010	
s 99I(2)	amended by 78/2009 s 19(1), (2)	1.8.2010	
s 99I(3)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 99I(5)	inserted by 38/2007 s 6	9.12.2007	
s 99I(6)	inserted by 78/2009 s 16(2)	1.8.2010	
s 99J	amended by 17/2006 s 233	4.9.2006	
	amended by 43/2016 s 43(1), (2)	3.10.2017	
	amended by 36/2017 s 16(1), (2)	4.3.2018	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 99K	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 99KA	inserted by 78/2009 s 17	1.8.2010	
s 99KA(1), (2) and (5)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 99KA(4)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
	amended by 64/2017 s 131	22.10.2018—not incorporated	
s 99L	deleted by 85/2009 Sch 1 cl 31	9.12.2011	
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	
Pt 5 Div 1			
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	
	amended by 43/2016 s 44	3.10.2017	
s 103			
s 103(3a)	inserted by 37/2001 s 4(a)	3.8.2001	
s 103(3aa)	inserted by 43/2012 s 37	1.7.2013	
s 103(4)	inserted by 43/1994 s 21	9.6.1994	
s 103(5)	inserted by 12/2012 s 50	17.6.2012	
Pt 5 Div 2			
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	
	amended by 7/2008 s 26(1)	23.11.2008	
	amended by 36/2017 s 17(1)	4.3.2018	
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)	substituted by 65/1995 s 9	3.3.1996	
	amended by 16/2015 s 30(1)	1.7.2016	
	amended by 43/2016 s 45(1)	3.10.2017	
s 104(4)	substituted by 65/1995 s 9	3.3.1996	
	amended by 16/2015 s 30(2)—(5)	1.7.2016	
s 104(4a)	inserted by 16/2015 s 30(6)	1.7.2016	
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	
	substituted by 7/2008 s 26(2)	23.11.2008	
s 104(6)	inserted by 62/1993 s 38	1.7.1993	
	amended by 78/2009 s 18	1.8.2010	
	deleted by 43/2016 s 45(2)	3.10.2017	
s 104(7)	inserted by 74/2005 s 13(3)	1.3.2007	
	deleted by 36/2017 s 17(2)	4.3.2018	
Note	deleted by 16/2015 s 30(7)	1.7.2016	
s 105			
s 105(1)	amended by 43/2012 s 38(1)	1.7.2013	
s 105(2)	amended by 43/2012 s 38(2)	1.7.2013	
s 105(4a)	inserted by 37/2001 s 4(b)	3.8.2001	
	amended by 43/2012 s 38(3)	1.7.2013	
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	
	amended by 28/2016 s 35	16.6.2016	
	amended by 16/2015 s 31	1.7.2016	
s 107			
s 107(3)	amended by 62/1993 s 39	1.7.1993	
	amended by 43/2016 s 46	3.10.2017	
s 107(5) and (6)	substituted by 74/2005 s 14	1.3.2007	
Pt 5 Div 3			
s 108			
s 108(1)	inserted by 43/2012 s 39	1.7.2013	
s 108(2)	s 108 redesignated as s 108(2) by 43/2012 s 39	1.7.2013	
Pt 5 Div 4			
s 112	amended by 27/1995 s 23	4.5.1995	
s 113	amended by 26/1992 s 12	6.7.1992	
Pt 5 Div 5			
heading	amended by 43/2012 s 40	1.7.2013	
s 114	amended by 43/2012 s 41	1.7.2013	
Pt 5	substituted by 18/2017 s 7	5.3.2018—not incorporated	
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 6	inserted by 18/2017 s 7	5.3.2018—not incorporated	
Pt 6A	inserted by 18/2017 s 7	5.3.2018—not incorporated	
Pt 7			
ss 175—180	inserted by 18/2017 s 8	5.3.2018—not incorporated	
Heading preceding s 181	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 181	substituted by 72/1991 s 46	6.7.1992	
s 181(1)	amended by 43/2016 s 47	3.10.2017	
s 181(2)	amended by 43/2016 s 47	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 182	substituted by 72/1991 s 46	6.7.1992	
s 182(1) and (2)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
Heading preceding s 183	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
s 183	deleted by 72/1991 s 46	6.7.1992	
	inserted by 41/1998 s 9	1.10.1998	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 184	deleted by 72/1991 s 46	6.7.1992	
	inserted by 41/1998 s 9	1.10.1998	
s 184(1)	amended by 84/2009 s 346	1.2.2010	
	amended by 62/2016 s 14	8.12.2016	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 184(2)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
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	
	amended by 43/2016 s 48(1), (2)	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 187A(1a)	inserted by 26/1982 s 18(b)	1.8.1982	
	substituted by 72/1991 s 47(b)	6.7.1992	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
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 188(1)—(3)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 189 before substitution by 31/2011	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	
complainant	inserted by 85/2009 Sch 1 cl 32	9.12.2011	
restraining order	substituted by 85/2009 Sch 1 cl 32	9.12.2011	
s 189	substituted by 31/2011 s 18	1.7.2012	
s 189(2) and (3)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
ss 189A	inserted by 31/2011 s 18	1.7.2012	
s 189A(1)	(b) deleted by 31/2013 s 47	3.2.2014	
s 189A(2) and (3)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 189B	inserted by 31/2011 s 18	1.7.2012	
	amended by 18/2017 s 9, Sch 1	5.3.2018—not incorporated	
s 189C	inserted by 31/2011 s 18	1.7.2012	
s 189C(1)	amended by 43/2016 s 49(1), (2)	3.10.2017	
	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 189C(2)			
complainant—see informant			
informant	complainant amended to read informant by 43/2016 s 49(3)	3.10.2017	
s 189D	inserted by 31/2011 s 18	1.7.2012	
s 189D(1)—(4)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 190	substituted by 72/1991 s 48	6.7.1992	
s 191	substituted by 72/1991 s 48	6.7.1992	
s 191(2)	amended by 18/2017 Sch 1	5.3.2018—not incorporated	
s 191(3)	inserted by 18/2017 Sch 1	5.3.2018—not incorporated	
s 191A	inserted by 18/2017 s 10	5.3.2018—not incorporated	
s 192	substituted by 72/1991 s 48	6.7.1992	
s 192(1)	s 192 redesignated as s 192(1) by 18/2017 Sch 1	5.3.2018—not incorporated	
s 192(2)	inserted by 18/2017 Sch 1	5.3.2018—not incorporated	
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.
Statutes Amendment (Courts Efficiency Reforms) Act 2012
42—Transitional provisions
	(1)	The amendment made to section 76A of the Summary Procedure Act 1921 by section 36 applies in respect of convictions and orders made before or after the commencement of the amendment.
	(2)	The amendments made to sections 103, 105 and 108 of the Summary Procedure Act 1921 by sections 37, 38 and 39—
	(a)	do not apply in respect of the procedure to be followed after the commencement of this Part in proceedings commenced before that commencement (and such proceedings are to proceed as if this Act had not been enacted); and
	(b)	apply in respect of the procedure to be followed in proceedings commenced after that commencement.
Summary Procedure (Abolition of Complaints) Amendment Act 2016, Sch 1 Pt 2—Transitional provision
2—Certain statements to have effect as affidavits
	(1)	For the purposes of section 104(3) of the Summary Procedure Act 1921 (as amended by this Act), a requirement under that subsection that a statement be in the form of an affidavit will be taken to be satisfied if the statement is in the form of a written statement verified by declaration made before the commencement of this clause and in the form prescribed by the rules (as in force immediately before the commencement of this clause).
	(2)	In this clause—
rules has the same meaning as in the Summary Procedure Act 1921.
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		
1.3.2007		
9.12.2007		
23.11.2008		
20.12.2009		
1.2.2010		
1.8.2010		
9.12.2011		
17.6.2012		
1.7.2012		
1.7.2013		
3.2.2014		
16.6.2016		
1.7.2016		
8.12.2016		
1.7.2017		
3.10.2017		
24.10.2017