Tasmanian Numbered Acts

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MAGISTRATES COURT (CRIMINAL AND GENERAL DIVISION) ACT 2019 (NO. 43 OF 2019) - SECT 42

Form of charge sheet
(1)  A charge sheet is to –
(a) be in writing; and
(b) be in the form prescribed by the rules of court or, if those rules do not prescribe a form, in an approved form; and
(c) specify the name of the prosecutor; and
(d) be signed as specified in subsection (2) ; and
(e) except as provided by section 43 , relate to only one offence; and
(f) specify the offence and identify the statutory provision creating the offence; and
(g) state the particulars of the alleged conduct of the defendant that would constitute that offence; and
(h) if the offence relates to property, the value of the property as estimated by the prosecutor; and
(i) include any other information or matters prescribed by the rules of court.
(2)  A charge sheet must be signed by –
(a) an individual who has a right to complain of the behaviour of the defendant that is alleged to constitute the offence, or the legal representative of such an individual; or
(b) a body corporate or unincorporate that has a right to complain of the behaviour of the defendant that is alleged to constitute the offence, or a legal representative or other person authorised or directed by such a body to sign the charge sheet, or to commence or undertake the proceedings, for or on behalf of the body corporate or unincorporate; or
(c) a police officer; or
(d) another public officer in his or her capacity as such; or
(e) a person authorised or directed by another Act to sign the charge sheet or to commence or undertake the proceedings; or
(f) a person authorised or directed by the Crown, the Commonwealth or a statutory authority to sign the charge sheet, or to commence or undertake the proceedings, for or on behalf of the Crown, the Commonwealth or a statutory authority; or
(g) a person authorised or directed by the Director of Public Prosecutions to sign a charge sheet for or on behalf of the Director of Public Prosecutions.
(3)  A charge sheet signed by a public officer may be signed by the public officer in the name of, and for –
(a) a person; or
(b) the –
(i) Agency, within the meaning of the State Service Act 2000 ; or
(ii) agency or department of the public service of this State, another State, a Territory or the Commonwealth; or
(iii) statutory authority; or
(iv) council; or
(v) Government Business Enterprise within the meaning of the Government Business Enterprises Act 1995 ; or
(vi) State-owned company –
in which the public officer is employed.



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