- Act 43 of 2019 - Royal Assent 12 December 2019 TABLE OF PROVISIONS Long Title PART 1 - Preliminary 1. Short title 2. Commencement 3. Objects of Act 4. Interpretation 5. Meaning of minor crime 6. Meaning of electable offence and elected summary offence 7. Bench justice 8. Bench justice may constitute Court PART 2 - Establishment of Criminal and General Division of Magistrates Court 9. Establishment of Criminal and General Division 10. Composition of Court PART 3 - Jurisdiction of Court 11. Jurisdiction of Court generally 12. Decision and procedure of Court constituted by 2 or more bench justices 13. Jurisdiction of authorised justice 14. Lack of jurisdiction discovered during proceedings PART 4 - General Procedure Division 1 - Arrest, procedure following arrest and bail 15. Arrest warrant against defendant 16. Manner of issuing arrest warrant by district registrar or justice 17. Arrest warrant by Court 18. Procedure following arrest Division 2 - Representation, evidence and attendance 19. Representation by legal practitioner, &c. 20. Attendance by audio or audio visual link 21. Order to attend 22. Failure to comply with order to attend Division 3 - Witnesses and production of documents, &c. 23. Witness attendance notice 24. District registrar may amend witness attendance notice 25. Failure to comply with witness attendance notice 26. Dismissal of witness on undertaking 27. Expenses of witness Division 4 - Miscellaneous 28. Hearing in absence of defendant or respondent 29. Setting aside order made in absence of defendant or respondent 30. Adjournment of proceedings 31. Procedure on adjournment in offence proceedings 32. Limitation on power of Court to admit defendant to bail 33. Power to remove or refer proceedings 34. Committing defendant on remand to secure mental health unit 35. Variation or revocation of order committing defendant to secure mental health unit 36. Power to make ancillary order 37. Administrator may apply under Vexatious Proceedings Act 2011 38. Rules of court govern Court practice and procedure and practice directions PART 5 - Commencing Proceedings for Summary Offence or Indictable Offence Division 1 - Commencing proceedings for summary offence or indictable offence 39. Offences for which proceedings may be commenced in Court 40. Proceedings for summary offence or indictable offence commenced by court attendance notice or charge sheet 41. Limitation on commencing proceedings for an offence under Criminal Code Act 1924 Division 2 - Charge sheets 42. Form of charge sheet 43. Joinder of charges in charge sheet 44. Joinder of defendants in charge sheet 45. Filing and provision of charge sheet 46. Irregularity in, and amendment of, charge sheet 47. Removal of charge from charge sheet 48. Withdrawal of charge sheet 49. Defendant may obtain charge sheet 50. Relationship of this Part with other law Division 3 - Court attendance notices 51. Court attendance notice issued to defendant by district registrar 52. Court attendance notice issued to defendant by prescribed prosecutor 53. Duty of defendant to provide contact details 54. Failure to comply with court attendance notice 55. Form of court attendance notice 56. Withdrawal of court attendance notice 57. Notice taken to be court attendance notice PART 6 - Pre-hearing Procedures Relating to Offences Division 1 - Interpretation of Part 6 58. Interpretation of Part 6 59. Meaning of record of interview 60. Meaning of prosecutor Division 2 - Pre-hearing disclosure of prosecution case 61. Preliminary brief to be provided 62. Contents of preliminary brief 63. Summary offence brief to be provided 64. Contents of summary offence brief 65. Indictable offence brief to be provided 66. Contents of indictable offence brief 67. Continuing obligation of disclosure 68. Duty to allow viewing of audio-visual recording and certain other documents and things 69. Limitation on disclosure of person's address 70. Limitation on disclosure of sensitive material 71. Effect of privilege and public interest immunity 72. Disclosure not required if information, &c., already provided 73. Consequences of non-disclosure 74. Common law disclosure requirements 75. Limitation on use of disclosed information, documents, other things, and copies by defendant Division 3 - Warning to defendant 76. Court to warn defendant of need for notice relating to admissible opinion evidence Division 4 - Pre-hearing disclosure of defence case 77. Disclosure relating to opinion evidence Division 5 - Provision of information and documents to defendant 78. Providing information and documents to defendant PART 7 - Summary Offence Procedures Division 1 - Interpretation of Part 7 79. Meaning of hearing Division 2 - Commencing proceedings 80. Time limit for commencing proceedings for summary offence Division 3 - First attendance of defendant and entering plea for summary offence 81. First attendance 82. Entering plea 83. Notice of details of legal representation of defendant to be provided following plea of not guilty 84. Procedure if defendant fails to attend before Court as required Division 4 - Case management and case management hearings 85. Object of Division 86. Case management hearing 87. Obligation to be ready to commence case management hearing 88. Listing of case management hearing for earlier day 89. Order relating to case management hearing 90. Sentence indication Division 5 - Miscellaneous 91. Review of progress of proceedings 92. Joinder of hearings 93. Charge sheet evidence in certain cases 94. Person other than defendant may also be guilty of summary offence 95. Summary offences committed in pursuit of common purpose 96. Alternative verdicts of, or relating to, attempting to commit summary offence, &c. 97. What constitutes offence of attempting to commit an offence 98. Attempts to commit summary offence triable summarily PART 8 - Indictable Offences Triable Summarily and Procedures Division 1 - Minor crimes 99. Minor crimes triable summarily 100. Procedure relating to minor crime Division 2 - Electable offences 101. Electable offence may be tried summarily 102. Procedure relating to electable offence 103. Court to warn defendant of need for alibi notice 104. Alibi evidence if elected summary offence Division 3 - Miscellaneous 105. Attempts to commit minor crime or elected summary offence 106. Hearing under this Part PART 9 - Indictable Offence Procedures 107. First attendance before Court for indictable offence 108. Notice of details of legal representation of defendant to be provided following first attendance 109. Attendance before Court for indictable offence following adjournment 110. Entering plea 111. Failure to make election, &c. 112. Committal to Supreme Court 113. Proceedings following preliminary proceedings order by Supreme Court 114. Prohibition on publishing preliminary proceedings PART 10 - Application Procedures 115. Interpretation of Part 10 116. Commencing application proceedings 117. Form of application 118. Affidavit accompanying application 119. Service of application made under section 116 120. Oral application 121. Conduct of application proceedings 122. Directions for modifying application of Act to application proceedings PART 11 - Breach of Duty Procedures 123. Procedure for breach of duty as if it were summary offence 124. Directions for modifying application of Act to breach of duty PART 12 - Appeals and Reviews Division 1 - Preliminary 125. Interpretation of Part 12 126. Non-application of Part Division 2 - Appeals from bail orders made by authorised justice or one or more bench justices 127. Appeals from bail orders made by authorised justice or one or more bench justices 128. Procedure for commencing appeal 129. Procedure for hearing appeal 130. Power of Court on hearing appeal Division 3 - Appeals from orders, other than bail orders, made by Court constituted by authorised justice or one or more bench justices 131. Appeal from order, other than bail order, made by Court constituted by authorised justice or one or more bench justices 132. Procedure for commencing appeal 133. Procedure for hearing appeal 134. Power of Court on hearing appeal Division 4 - Appeals from bail orders made by magistrate 135. Appeals from bail orders made by magistrate 136. Procedure for commencing appeal 137. Procedure for hearing appeal 138. Power of Court on hearing appeal Division 5 - Applications for review of orders by Court constituted by magistrate 139. Review of order of Court constituted by magistrate 140. Duty of district registrar on application for review 141. Review applicant limited to grounds stated in application for review 142. Interlocutory proceedings 143. Constitution of Supreme Court 144. Hearing of application for review 145. Determining application for review 146. Determination of application for review by new hearing 147. Appeals to Full Court from review 148. Bail where appeal to Full Court on review 149. Proceedings not to be quashed for want of form 150. Costs in relation to proceedings before Supreme Court Division 6 - General provisions 151. Application to Court for interim relief PART 13 - Costs 152. Costs 153. Amount of costs 154. Procedure for assessing costs 155. Application of other Acts providing for costs PART 14 - Miscellaneous 156. Publication of proceedings 157. Powers in relation to goods in police custody 158. Exemption from fees, payment of fees by alternative person, &c. 159. Waiver, remission or refund of fee 160. Validity of Court order or document 161. Forms 162. Rules of court 163. Regulations 164. Administration of Act 165. Legislation repealed 166. Legislation rescinded SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4[ Note: This table has been automatically generated and may be incomplete. ]