New South Wales Consolidated Acts
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CRIMINAL PROCEDURE ACT 1986 - SECT 49
Commencement of private prosecutions
49 Commencement of private prosecutions
(1) If a person other than a police officer or public officer is authorised
under section 14 of this Act or under any other law to commence
committal proceedings against a person for an offence, the person may commence
the proceedings by issuing a court attendance notice, signed by a registrar,
and filing the notice in accordance with this Division.
(2) A registrar must
not sign a court attendance notice if:
(a) the registrar is of the opinion
that the notice does not disclose grounds for the proceedings, or
registrar is of the opinion that the notice is not in the form required by or
under this Act, or
(c) the registrar is of the opinion that a ground for
refusal set out in the rules applies to the notice.
(3) If a registrar
refuses to sign a court attendance notice proposed to be issued by any such
person, the question of whether the court attendance notice is to be signed
and issued is to be determined by a Magistrate on application by the person.
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