Tasmanian Numbered Acts

MAGISTRATES COURT (CRIMINAL AND GENERAL DIVISION) ACT 2019 (NO. 43 OF 2019)

- 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