Summary Offences Act 1966

Proposals

Reasons for Proposal

Other/Proposed Legislation

Comments

(1) Except as provided in sub-section (2), a person must not–

(a) light or use a fire in the open air or carry when lighted any flammable material resulting in the destruction, damaging or endangering of the life or property of others; or

(b) leave a fire in the open air which that person has lighted or of which that person is in charge without leaving another person in charge of that fire.

Repeal

(a) a fire-break of not less than 3 metres and cleared of all flammable material has been prepared around the perimeter of the area of land; and

(b) at least two hours before burning is commenced, notice of intention to burn has been given to each owner or occupier of land contiguous to the area of land.

Repeal

Repeal

Repeal

(1) Any person who wilfully gives or causes to be given to any brigade within the meaning of the Metropolitan Fire Brigades Act 1958 or the Country Fire Authority Act 1958 a false alarm of fire shall be guilty of an offence.

Repeal

Repeal

Any person found drunk in a public place shall be guilty of an offence and may be arrested by a member of the police force and lodged in safe custody.

Firm Consideration Deferred

1. The Victorian Parliament’s Drugs and Crime Prevention Committee is currently inquiring into the issue of Public Drunkenness.

As such, the Committee will consider the Final Report of the Drugs and Crime Prevention Committee before making any firm recommendations concerning these provisions.

See reasons stated in s.14 below

Any person found drunk and disorderly in a public place shall be guilty of an offence.

Firm Consideration Deferred

Repeal and re-enact

Pending the Drugs and Crime Prevention Committee’s Final Report, the Committee is currently of the opinion that there should be an offence relating to people impaired by alcohol in a public place and suggests that a section be drafted along the following lines:

as a consequence of the consumption of alcohol, illicit drugs or similar substances shall be guilty of an offence".

Any person who, while drunk–

(a) behaves in a riotous or disorderly manner in a public place;

(b) is in charge, in a public place, of a carriage (not including a motor vehicle within the meaning of the Road Safety Act 1986) or a horse or cattle or a steam engine–

shall be guilty of an offence.

Firm Consideration Deferred

See reasons stated in s.14

(1) Any person who in or near a public place or within the view or hearing of any person being or passing therein or thereon –

(a) sings an obscene song or ballad;

(b) writes or draws exhibits or displays an indecent or obscene word figure or representation;

(c) uses profane indecent or obscene language or threatening abusive or insulting words; or

(d) behaves in a riotous indecent offensive or insulting manner–

shall be guilty of an offence.

Repeal and re-enact

(a) offensive, threatening or obscene conduct;

(b) offensive, threatening or obscene language; and

(c) the display of offensive or obscene material, depictions or representations.

Classification (Publications, Films and Computer Games)(Enforcement) Act 1995, s.32.

(a) behaves in a riotous indecent offensive threatening or insulting manner; or

(b) uses threatening abusive obscene indecent or insulting words–

the chairman may verbally direct any member of the police force who is present to remove such person from the hall room or building or the neighbourhood thereof and the member of the police force shall remove such person accordingly.

Repeal

Repeal

Repeal

(1) Any person who allows in any house building tent or other premises wherein liquors provisions or refreshments are sold or disposed of any drunkenness or other disorderly conduct or suffers any gaming whatsoever therein or suffers persons of notoriously bad character to frequent his premises shall be guilty of an offence.

Penalty: For a first offence – 5 penalty units; For a second or subsequent offence –imprisonment for three months.

Repeal

Lotteries Gaming and Betting Act 1966, ss 11-12, 17.

Repeal

(1) Any person who wilfully and without lawful justification or excuse, the proof of which lies on him, disquiets or disturbs any meeting of persons lawfully assembled for religious worship or assaults any person lawfully officiating at any such meeting or any of the persons there assembled shall be guilty of an offence.

Penalty: 15 penalty units or imprisonment for three months.

(2) A prosecution for an offence against this section shall be commenced within three months after the offence is committed.

Repeal

(1) A member of the police force may at any time enter into any house building room premises or place which is a public place within the meaning of that interpretation in section 3, notwithstanding that the place be upon private premises, when and so often as he thinks proper for securing the observance of this Act and no such entry shall in any way be deemed a trespass.

Retain

Penalty: 1 penalty unit.

Retain

Any person who unlawfully assaults or beats another person shall be guilty of an offence.

Penalty: 15 penalty units or imprisonment for three months.

Retain

Although most of the behaviour that is covered by this section could be dealt with under other legislation, it is considered that there is a need for a summary offence of assault.

(1)(a) Where a person is convicted before the Magistrates' Court of an assault or battery upon any male child whose age in the opinion of the court does not exceed fourteen years or upon any female, if in the opinion of the court the assault or battery is of such an aggravated nature that it cannot sufficiently be punished under the last preceding section, the person offending shall be liable on conviction to a penalty of 25 penalty units or to imprisonment for six months and the court may (if it thinks fit in any of the said cases) without any further or other charge adjudge any person convicted to enter into a recognizance and find sureties to keep the peace and be of good behaviour for a term of not more than six months from the expiration of such sentence.

Repeal

2. The Committee believes assault is a very significant offence and should carry significant penalties. However it has been argued that there is a need to make provision for minor assaults and even behaviour which is intimidating or threatening that is bordering on assault to be heard in the Magistrates Court. As a consequence the Committee is recommending a rationalisation as follows –

(a) Assault be dealt with under the Crimes Act 1958;

(b) That the provision of common assault be maintained in this Act to allow Magistrates’ Courts the opportunity to deal with lower lever assault;

(c) That for conduct bordering on assault but which could be characterised as intimidating or threatening then the re-drafted s. 17(1)(a) offensive or threatening conduct could be applied; and

(d) That the maximum penalty for common assault be increased to allow the Courts more flexibility in sentencing as a consequence of the proposal to repeal this section.

Provided that no person shall be imprisoned for non-compliance with any such order for a longer period than twelve months.

Repeal

Repeal

2. See reasons in s.24(1)(a) above.

If any person against whom a charge for an offence against section 23 or section 24 has been filed has been convicted and has paid the whole amount adjudged to be paid or has suffered the imprisonment awarded in lieu thereof or for non-payment thereof or if the charge against that person has been dismissed in every such case he shall be released from all further or other criminal proceedings for the same cause; but any person so convicted shall remain liable to all civil proceedings in like manner as if he had not been so convicted.

Repeal

2. The rules relating to double jeopardy are already entrenched in the common law principles of the criminal law.

(1) Any person having in his actual possession or conveying in any manner any personal property whatsoever reasonably suspected of being stolen or unlawfully obtained whether in or outside Victoria may be arrested either with or without warrant and brought before a bail justice or the Magistrates' Court, or may be summoned to appear before the Magistrates' Court.

(2) If such person does not in the opinion of the court give a satisfactory account as to how he came by such property he shall be guilty of an offence.

Penalty: Imprisonment for one year.

(3) Upon proof that any property was or had been in the actual possession of such person or under his control and whether or not such person still has possession or control thereof when brought before the court the property shall for the purposes of this section be deemed to be in his actual possession.

(4) Where a person is charged before the Magistrates' Court with an offence under this section the court may proceed to hear and determine the matter notwithstanding that it appears from the evidence that the person charged stole or unlawfully obtained the property concerned in a place outside Victoria in circumstances amounting to the commission of a criminal offence in that place.

Retain

(1) If a magistrate is satisfied, by evidence on oath or by affidavit, that there is reasonable cause to suspect that any of the following articles, namely–

(a) the skin or carcass or any part of the skin or carcass of any cattle;

(b) any goods merchandise or article reasonably believed to have been taken or to have come from a ship or vessel in distress or wrecked stranded or cast on shore–

has been stolen or unlawfully taken or obtained and is to be found in a house or other place the magistrate may issue a warrant to search the house or place for the articles and to bring before the Magistrates' Court all such articles found therein and to bring before a bail justice or the Magistrates' Court, or summon to appear before the Magistrates' Court, any person in whose possession or on whose premises those articles are so found.

(2) Whenever a member of the police force finds any such articles on the premises or in the possession of any person or persons and has reasonable cause to suspect that any of such articles has been stolen or unlawfully taken or obtained he may bring all such articles before the Magistrates' Court and also may summon such a person to appear before the Magistrates' Court or arrest such a person and bring him or her before a bail justice or the Magistrates' Court.

Repeal

Penalty: 25 penalty units or imprisonment for six months.

Repeal

(1) A person claiming to be entitled to the possession of cattle which–

(a) have been reported to the police as having been stolen not more than 12 months before the application; and

(b) are in the possession or under the control of another person–

may apply to the Magistrates' Court for an order for delivery of the cattle.

(2) An application–

(a) may be made without notice to any other person; and

(b) must be supported by evidence on oath or by affidavit.

(3) If satisfied that the applicant may be entitled to possession of the cattle, the Court constituted by a registrar may make an order directing the person who has possession or control of the cattle–

(a) to deliver them to the applicant; and

Repeal

2. Sections 28-33 do not create offences, but set out a procedure for an investigation and restitution (see also Legal and Constitutional Committee, 45^th Report upon Law Relating to Stolen Goods (Livestock), Recommendation 5 which states –"The Committee recommends that the Attorney-General consider relocating s. 28 of the Summary Offences Act 1966 to a more appropriate statutory context consistent with the quasi-criminal remedial nature of that section for example, to the Goods Act 1958." (p. 13)).

(4) An order under sub-section (3) must be served on the person to whom it is directed within 7 days after the making of the order.

(5) Subject to this section, an order under sub-section (3)(a) takes effect 7 days after service and an order under sub-section (3)(b) takes effect on service.

(6) If within 7 days after service of an order under sub-section (3) the person to whom the order is directed lodges an objection with the Court–

(a) the order under sub-section (3)(a) lapses and is of no effect; and

(c) the application under sub-section (1) must be referred to the Court constituted by a magistrate.

(7) The Court may extend or abridge the time fixed by sub-sections (4), (5) and (6) or by an order fixing, extending or abridging time.

(8) The Court may extend time under sub-section (7) before or after the time expires whether or not an application for the extension is made before the time expires.

(9) If it seems to the Court hearing a referral under sub-section (6) that all or any of the cattle were stolen not more than 12 months before the application under sub-section (1), the Court may–

(a) determine who owns the stolen cattle; and

Repeal

(c) if necessary, issue a warrant in the form prescribed by rules of the Court directed to a member of the police force authorising the member forthwith to seize the stolen cattle and to deliver them to the owner; and

(d) subject to sub-section (12), make any order as to costs that the Court thinks fit.

(10) If the Court is not so satisfied, it must dismiss the application.

(11) The Court may make any order that it thinks fit with respect to the delivery, preservation or care of the cattle pending the determination of an application under this section.

(12) The person from whom the cattle are seized in accordance with a warrant issued under sub-section (9)(c) must pay all lawful costs of executing the warrant.

(13) An application under this section is civil in nature.

(14) The Magistrates' Court has jurisdiction to determine an application under this section irrespective of the value of the cattle.

Repeal

(1) Any person from whom or from whose possession cattle are taken or detained under an order or warrant under the last preceding section may recover from his vendor the amount paid by him as the purchase money of the cattle.

Repeal

Repeal

(a) that such person or vendor has paid for the cattle and that the cattle have been taken from him; or

(b) that he has paid or been compelled to repay the amount he received–

a magistrate may summon the party who sold the cattle to such last-mentioned person or vendor to appear before the Magistrates' Court or may issue a warrant to arrest the party.

(4) Upon the appearance of such party or upon proof of the due service of a summons the Magistrates' Court–

(a) may examine the parties or either of them and their respective witnesses (if any) upon oath touching the purchase and payment of the amount of the purchase money for such cattle and the restitution of the cattle purchased or the repayment of the sum received; and

(b) may make such order for the repayment of that amount with the costs incurred in the recovery thereof as to the court appears reasonable:

Repeal

Provided further that the court on the application of such party and on notice to the complainant may extend the time aforesaid.

(5) Subject to the provisions of the Auction Sales Act 1958 the term "vendor" in this section includes the auctioneer or other agent of the vendor as well as the vendor himself.

Repeal

(1) If the skin or carcass or any part of the skin or carcass of any cattle stolen from any person is found in the possession of any other person or on the premises of any other person with his knowledge and that other person being taken or summoned before the Magistrates' Court does not satisfy the court that he came lawfully by such skin carcass or part thereof respectively shall be guilty of an offence.

Penalty: 50 penalty units or imprisonment for one year.

Penalty: 25 penalty units or imprisonment for six months.

Repeal

Penalty: 5 penalty units.

Penalty: 5 penalty units.

(5) Any person purchasing a raw hide or skin from which a brand has been cut or burnt out or destroyed or otherwise defaced shall be guilty of an offence.

Penalty: 5 penalty units.

Repeal

Repeal

Penalty: 5 penalty units.

Repeal

Repeal

Provided that all moneys arising from fines penalties and forfeitures imposed under this section and recovered by an employee or inspector in the Department of Human Services shall form part of the Consolidated Fund.

(10) In this section "inspector" includes any inspector or acting or assistant inspector of the Department of Human Services or any environmental health officer of a council.

Repeal

If any goods merchandise or articles belonging to a ship or vessel in distress or wrecked stranded or cast on shore are found in the possession of any person or on the premises of any person with his knowledge and such person being taken or summoned before the Magistrates' Court does not satisfy the court that he came lawfully by the same such person shall be liable to a penalty over and above the value of the goods merchandise or articles of not more than 25 penalty units or to imprisonment for a term of not more than six months.

Repeal

(1) Any person who offers or exposes for sale any goods merchandise or articles which have been unlawfully taken or obtained or are reasonably suspected to have been unlawfully taken or obtained from a ship or vessel in distress or wrecked stranded or cast on shore, and who being summoned to appear before the Magistrates' Court does not appear and satisfy the court that he came lawfully by the same shall pay such sum as the court fixes as a reasonable reward to the person (if any) who has seized the same, and shall also be liable to a penalty over and above the value of the goods merchandise or articles of not more than 25 penalty units or to be imprisoned for a term of not more than six months.

(2) In every such case any person to whom any such goods merchandise or articles are offered for sale or any member of the police force may seize the same and shall with all convenient speed cause the same to be removed to, or notice of such seizure to be given to, the Magistrates' Court.

Repeal

(1) In any proceedings under any of the provisions of sections 26 to 32 (both inclusive) in which any person is required–

(a) to give a satisfactory account as to how he came by any property;

(b) to satisfy the court that he lawfully came by any property; or

Repeal

2. These are procedural matters dealing with the collection of evidence which do not necessarily need to be codified. Such matters are best left to the common law and the rules of procedure in the Courts.

if on the hearing of the charge–

(i) the defendant declares that he received the property from any other person; or

(ii) it appears to the court that the property has passed through the hands or possession of any other person or has been in the possession of any other person or on his premises with his knowledge or assent–

the court may in its discretion by warrant or summons cause every such other person to be brought before it to give an account of the property

(2) If it appears by the admission of any person so brought before the Magistrates' Court or by proof on oath–

(a) that such last-mentioned person had possession of the property; or

(b) that the property was on his premises–

and if such person–

(i) does not give a satisfactory account as to how he came by the property; or

(ii) does not satisfy the court that he lawfully came by the property or that the property was on his premises without his knowledge or assent–

he shall be liable to the punishment specified in the sections respectively under which the proceedings are taken.

Repeal

(4) The Magistrates' Court may, on an application under sub-section (3), make such orders in relation to the property to which the application relates as it considers just.

(5) Examples of the kind of order that the Magistrates' Court may make under sub-section (4) are:

(a) If the property is not money, an order that the property be sold;

(b) An order that the property, if money or converted into money, be paid into the Consolidated Fund;

(c) An order declaring the nature, extent and value (as at the time of making the order) of the interest of a person specified in the order in the property and directing that the whole or any part of the property (including money into which the property has been converted) be transferred to that person;

(d) An order directing that a person specified in the order retain the whole or any part of the property (including money into which the property has been converted) for a period specified in the order.

Repeal

(7) The Magistrates' Court may, at any time before the final determination of an application under sub-section (3), direct the applicant to give or publish notice of the application to such persons, in such manner and within such time as the Court thinks fit.

(8) The Magistrates' Court has power to give all directions that are necessary to give effect to an order made by it under sub-section (4).

Repeal

(1) Any artificer workman journeyman apprentice or other person who unlawfully disposes of or retains in his possession without the consent of the person by whom he is hired retained or employed any goods wares work or materials committed to his care or charge (the value of such goods wares work or materials being not more than $100) or any person who receives any of the same knowing them to have been stolen or unlawfully obtained shall be guilty of an offence.

Penalty: For a first offence – 5 penalty units or imprisonment for three months;

For a second or subsequent offence – 10 penalty units or imprisonment for six months.

Repeal

Repeal

(1) Any person who obtains any chattel money valuable security credit benefit or advantage by passing a cheque which is not paid on presentation shall be guilty of an offence.

Penalty: 25 penalty units or imprisonment for one year.

Repeal and re-enact

2. The Committee considers this section should be maintained in this Act to cover less serious cases, as the Crimes Act 1958, ss.81 and 82 adequately cover more serious offences where deception is involved.

(a) had reasonable grounds for believing that the cheque would be paid in full on presentation; and

(b) had no intent to defraud.

Retain

(5) No proceedings shall be brought against any person for an offence against this section except with the consent of the Director of Public Prosecutions.

Retain

Summary Offences Act 1966

Proposals

Reasons for Proposal

Other/Proposed Legislation

Comments

(1) Any person who takes or in any manner uses a vehicle (including a bicycle but not including a motor vehicle within the meaning of the Road Safety Act 1986) or a boat ship or other vessel the property of any other person without the consent of the owner or person in lawful possession thereof shall be guilty of an offence.

Penalty: 15 penalty units or imprisonment for three months.

(2) Nothing in this section shall affect any other liability civil or criminal of any person guilty of an offence against this section.

Repeal

Summary Offences Act 1966

Proposals

Reasons for Proposal

Other/Proposed Legislation

Comments

(1) The Governor in Council may make regulations for or with respect to–

(a) the size, form and content of advertisements for live sexually-explicit entertainment;

(b) prohibiting the advertising–

Repeal

(ii) in a specified manner–

of advertisements for live sexually-explicit entertainment;

(c) generally regulating the publication of advertisements for live sexually-explicit entertainment.

(2) A power conferred by sub-section (1) to make regulations may be exercised–

(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and

(b) so as to make, as respects the cases in relation to which the power is exercised–

(i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or

(ii) any such provision either unconditionally or subject to any specified condition.

(3) Regulations made under sub-section (1) may be made–

(a) so as to apply–

(i) at all times or at a specified time; or

(ii) throughout the whole of the State or in a specified part of the State; or

(iii) as specified in both sub-paragraphs (i) and (ii); and

(b) so as to require a matter affected by the regulations to be –

Repeal

(ii) approved by or to the satisfaction of a specified person or a specified class of person; or

(iii) as specified in both sub-paragraphs (i) and (ii); and

(c) so as to apply, adopt or incorporate any matter contained in any document whatsoever whether –

(i) wholly or partially or as amended by the regulations; or

(ii) as in force at the time the regulations are made or at any time before then; and

(d) so as to confer a discretionary authority or impose a duty on a specified person or a specified class of person; and

(e) so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and

(f) so as to impose a penalty not exceeding 20 penalty units for a contravention of the regulations.

Repeal

Summary Offences Act 1966

Proposals

Reasons for Proposal

Other/Proposed Legislation

Comments

(1) Any person who performs any tattooing or like process on any person under the age of eighteen years shall be guilty of an offence.

Penalty: 5 penalty units.

(a) Health issues, such as safety and infection control relating to equipment and procedures. These issues are dealt with under existing legislation

Repeal

.

Summary Offences Act 1966

Proposals

Reasons for Proposal

Other/Proposed Legislation

Comments

In this Division "homing pigeon" means a pigeon used as a bearer of messages or as a racing pigeon and which has affixed or attached to either or both legs a metal or other ring.

A person other than the owner shall not shoot kill wound or in any way injure destroy ensnare catch or take a homing pigeon.

Penalty: 1 penalty unit.

For the purposes of section 59 of the Sentencing Act 1991 the court may, in assessing the value of a homing pigeon, take into account the racing record (if any) of the pigeon as well as the market value of pigeons of that type.

Any person entering upon enclosed land or premises for the purpose of killing wounding disabling ensnaring taking or in any way injuring or destroying a homing pigeon of which he is not the owner shall be guilty of an offence.

Penalty: 1 penalty unit.

Nothing in this Division shall in any way limit or abridge any other civil or criminal proceedings in respect of pigeons.

Repeal

Summary Offences Act 1966

Proposals

Reasons for Proposal

Other/Proposed Legislation

Comments

(1) The Governor in Council by Order published in the Government Gazette may prohibit in any locality specified in the Order during all or any of the months from November to April (both inclusive) the sale offering for sale distribution or use of any matches other than those so made as to strike only on a preparation affixed to the containing box or to a box containing the same description of matches.

(2) The Governor in Council may in like manner rescind revoke amend or vary any Order under this section.

(3) Any person who sells offers for sale distributes or uses any matches in contravention of an Order under this section shall be guilty of an offence.

Penalty: 1 penalty unit.

Repeal

Repeal

(1) In this section unless inconsistent with the context or subject-matter "primary production" means farming agricultural horticultural viticultural pastoral or grazing operation and without affecting the generality of the foregoing provisions includes dairy farming poultry farming and bee farming operations.

(2) The provisions of this section shall apply only within such districts as are specified by proclamation made under this section

(3) Upon the application of the municipal council the Governor in Council may by proclamation published in the Government Gazette –

(a) declare the municipal district of the municipal council or any part thereof to be a district to which this section applies; and

(c) revoke or vary any such proclamation.

(4) The Governor in Council may by proclamation published in the Government Gazette –

(a) declare an area that is not part of a municipal district to be an area to which this section applies; and

(b) revoke or vary any such proclamation.

Repeal

(6) It shall be a defence to a prosecution for an offence against sub-section (5) if the defendant satisfies the court that he did not actually engage in ferreting on that land but was approaching the residence of the occupier of the land along a defined or customary path for the purpose of applying for such consent.

(7) Upon any proceedings for an offence against this section the burden of proving the consent of the occupier of any land concerned or of any person apparently authorized to act on behalf of such occupier shall be upon the person charged.

(8) Nothing in this section shall in any way limit or abridge any other civil or criminal proceeding in relation to any such trespass.

Repeal

Summary Offences Act 1966

Proposals

Reasons for Proposal

Other/Proposed Legislation

Comments

(1) Any person who assaults resists obstructs hinders or delays or incites or encourages any other person to assault resist obstruct hinder or delay any member of the police force in the execution of his duty under this Act or otherwise, or any person lawfully assisting any such member in the execution of his duty under this Act, or any member of the staff of the local authority in the execution of his duty under this Act shall be guilty of an offence.

Penalty: 25 penalty units or imprisonment for six months.

Retain

Repeal

Penalty: 15 penalty units or imprisonment for three months.

Repeal

A person must not harass a person because that person has taken part, is about to take part or is taking part in a criminal proceeding in any court as a witness or in any other capacity.

Penalty: 120 penalty units or imprisonment for 12 months.

Repeal

Section 399B of the Crimes Act 1958 relates to contempt by way of harassing witnesses. This section, however, deals only with harassment of accused’s witnesses by the prosecution, and not harassment of witnesses generally. Therefore, this section would also need to be amended to cover harassment of witnesses generally if it is to substitute s.52A of the Summary Offences Act.

(1) Any person who falsely and with knowledge of the falsity of the report voluntarily reports or causes to be reported to any member of the police force that an act has been done or an event has occurred, which act or event as so reported is such as calls for an investigation by a member of the police force shall be guilty of an offence.

Penalty: 120 penalty units or imprisonment for 1 year.

(2) For the purposes of sub-section (1)–

(a) "voluntarily", in respect of a report by any person, means –

Repeal

(ii) otherwise than in the course of an interrogation made by a member of the police force; and

(b) "causes to be reported" includes creating any circumstances or doing any acts for the purpose of inducing or which induce some other person to report to a member of the police force that an act has been done or event occurred which calls for investigation by a member of the police force.

(3) Where a person is charged before a court of summary jurisdiction with an offence against this section the court shall, as soon as the person is charged and before any evidence has been given in support of the charge, cause the person charged to be informed that he may object to being summarily dealt with and may elect to be tried by a jury.

(4) Where a person charged with an offence against this section is not present before the court upon the hearing the court may, if it thinks fit, adjourn the hearing of the charge with a view of securing the attendance of that person, if practicable, at the hearing of the charge, but nevertheless the court shall have jurisdiction to deal summarily with the case in the absence of the person charged.

(5) If before any evidence is given in support of the charge the person charged objects to the charge being dealt with summarily by the court and elects that he be tried by a jury the court shall hear and inquire into the charge as if it had no jurisdiction finally to determine the matter and may direct the person charged to be tried by a jury as aforesaid or discharge him.

Repeal

(6A) In addition to and without derogating from section 86 of the Sentencing Act 1991, if a court finds a person guilty of, or convicts a person of, an offence against this section, the court may order the person to pay to the informant a reasonable amount for any expenses, including remuneration payable to members of the police force, incurred by the State arising out of or incidental to the commission of the offence.

(6AB) In sub-section (6A) "remuneration", in relation to a person, includes long service leave entitlements, holiday pay, superannuation contributions and any other employment benefits.

(6AC) If a court decides to make an order under sub-section (6A), sub-sections (2), (3), (4), (7), (8) and (9) of section 86 of the Sentencing Act 1991 apply as if –

(a) a reference to an order under sub-section (1) were a reference to an order under sub-section (6A); and

(b) a reference to compensation were a reference to expenses referred to in sub-section (6A).

(6AD) An order under sub-section (6A) must be taken to be a judgment debt due by the offender to the informant and payment of any amount remaining unpaid under the order may be enforced in the court by which it was made.

Repeal

Repeal

Where a body corporate is guilty of an offence against this Act the body corporate shall be liable to the penalties therefor so far as those penalties are capable of being imposed upon a body corporate, and any director manager or officer of the body corporate who knowingly directs authorizes or suffers the commission of the offence by the body corporate shall, without affecting the liability of the body corporate therefor, be severally guilty of an offence and liable to the penalty or punishment applicable thereto.

Repeal

Where it appears to the court on the hearing of a charge for an offence against this Act that the person committing the offence has acted only under the orders or by the sanction of his master or employer and that the master or employer is in fact the offending party, either solely or as well as the person so offending, the court may by summons or warrant order the master or employer to appear to answer the charge as if it had originally been filed against the master or employer and may either discharge the person first charged or may hear and determine the charge against both as the court thinks fit.

Repeal

(1) Unless otherwise expressly provided any member of the police force or any inspector or other employee in the Department of Human Services or any member of the staff of any municipal council may file a charge for a breach of or an offence against any of the provisions of this Act.

(2) No fee shall be payable on the issue of a summons to answer to a charge for an offence against this Act.

Retain

If a person who has filed a charge in respect of an alleged offence against this Act does not appear at the hearing or declines or neglects to proceed upon or prosecute the charge the court may authorize some other person to proceed upon or prosecute the charge or may authorize any other person to take proceedings.

Retain

No member of the police force or person if such member or person is acting under instructions given in writing in relation to a particular case by a member of the police force not below the rank of senior sergeant shall be deemed to be an offender or accomplice in the commission of an offence against this Act although such member or person might, but for this section, have been deemed to be such an offender or accomplice.

Repeal

Unless otherwise expressly provided all charges for or in respect of offences against this Act shall be heard and determined by the Magistrates' Court.

Retain

If the Magistrates' Court is of the opinion that an offence against this Act alleged before it does not properly come within the meaning and intention of this Act but that an offence of a more serious or heinous kind has been committed the court may refuse to entertain or to further entertain the charge and may proceed as if the more serious or more heinous offence had been charged in the charge before the court whether the person charged has or has not pleaded thereto.

Retain

A court that convicts a person of an offence under section 24(2) may order that the weapon or instrument be forfeited to Her Majesty and be sold or destroyed as specified in the order.

Repeal

The proceeds of the sale of any property forfeited to Her Majesty under the provisions of this Act shall be paid into and form part of the Consolidated Fund.

Repeal

(1) If on the commencement of section 55 of the Law and Justice Legislation Amendment Act 1997, section 57 of the Children's Services Act 1996 is not in operation, Schedule 1 to this Act has effect, until that section comes into operation, as if item 2 of that Schedule referred to a children's service centre within the meaning of Part XIA of the Health Act 1958 that directly receives any financial assistance from the State.

Repealed

Repealed