Tasmanian Legislation
Tasmania's consolidated legislation online

www.tas.gov.au

Home(current)
About
Related Links
Help
Search
Browse

Preferences
Contact
Copyright and Disclaimer
Feedback

Table Of Contents

Contents (1959 - 77)

1. Short title and commencement

2. Repeals

3. Interpretation

Part II - Justices

4. Appointment of justices

4A. Powers of justices

4B. Abrogation of assignment of justices under commission of the peace

4C. Continuance in office of district justices

5. Oaths to be taken by justices

6. Mayors as justices

7. Repealed

8. Resignation of justices

9. Ratepayer not disabled from acting as justice

10. Bankrupt incapable of acting as justice

Part III - Extra-Territorial Justices

11. Appointment of justices outside Tasmania

12. Powers of extra-territorial justices

13. Acts of extra-territorial justices to be effectual in Tasmania

14. Oaths to be taken by extra-territorial justices

15. List of extra-territorial justices

Part IV - Clerks

16. Chief Clerk of Petty Sessions

16A. Appointment of clerks, &c., of petty sessions

17. Clerks of petty sessions

17A. Clerk of petty sessions to have care and custody of records of court

18. Deputy clerks of petty sessions, &c.

19. Magistrate may discharge duties of the clerk of petty sessions

19A. Repealed

Part V - Jurisdiction

20. Hearing of complaints

21. Decision of 2 or more justices

22. Powers of magistrates

23. Powers of single justice

23A. Time and place of sitting, &c., unrestricted

23AB. Approval and roster of justices who may constitute courts of summary jurisdiction, &c.

24. Summons or warrant not avoided by death, &c., of justice

25. Contempt

Part VI - General Procedure

26. Limitation on summary proceedings

27. Proceedings may be commenced by complaint

28. Complaint against several defendants

29. Only one matter of complaint: Procedure if otherwise

30. Statement of offences, &c.

31. Irregularities and amendments

32. Process on complaint

33. Apprehension of person summoned

34. Power of police officers, &c., to admit to bail

34A. Procedure on arrest

35. Power of justice to admit person to bail

36. Repealed

36A. Repealed

36B. Repealed

37. Admission to courts of summary jurisdiction

37A. Publication of accounts of certain proceedings

38. Representation of parties by counsel, &c.

39. Evidence: How taken

40. Prosecutor or complainant a competent witness

41. Justice may summon witnesses to attend and give evidence

42. Failure of witness to attend

43. Witness not answering

44. Production of documents before justices

45. Expenses of witnesses

46. Discharge of witness on recognizance

47. Place of committal when defendant on remand

48. Recognizances

49. Issue of warrant for non-appearance

50. Commitment

50A. Justices' record

50B. Adjournment of proceedings

50C. Power to remand in certain cases

50D. Vexatious litigants

Part VII - Proceedings on Indictable Offences

Division 1 - Proceedings where indictment filed

51. Certificate where indictment filed

52. Summons or warrant may be issued against person indicted

53. Committal

54. Detainer of prisoner in gaol

Division 2 - Examination and committal

55. Procedure when brought before justices

56. Duties during adjournment

56A. Repealed

57. Duty to provide further witness statements and summary of facts

57A. Repealed

58. Second appearance before justices for indictable offence: election and plea

59. Entering plea and making election

60. Committal of defendant to Supreme Court

Division 3 - Preliminary proceedings

61. Proceedings following preliminary proceedings order by Supreme Court

62. Justices may require attendance of defendant and witnesses and production of documents

63. Repealed

64. Repealed

65. Repealed

66. Repealed

67. Repealed

68. Recognizance of witnesses, &c.

69. Power of justices to commit refractory witnesses

Division 4 - Miscellaneous

69A. Repealed

70. Adjournment of proceedings

70A. Ancillary orders

Part VIII - Crimes Triable Summarily

71. Petty crimes triable summarily

72. Other crimes triable summarily

72A. Attempts triable summarily

72B. Hearings under this Part

72C. Limitation excluded

Part IX - Proceedings in Case of Simple Offences and Breaches of Duty

72D. Summons and complaint evidence in certain cases

73. Accessories

74. Attempts

74A. Procedure where defendant not represented

74B. Procedure on adjournment

74BA. Discharge after conviction

74C. Repealed

74D. Repealed

75. Repealed

76. Repealed

76A. Repealed

77. Costs

77A. Amount of costs

78. Repealed

79. Repealed

80. Repealed

81. Repealed

82. Repealed

83. Repealed

84. Repealed

85. Repealed

85A. Repealed

86. Repealed

87. Commitment in other cases

88. Repealed

89. Repealed

90. Repealed

91. Repealed

92. Repealed

92A. Repealed

92B. Repealed

92C. Repealed

Part X - Surety of the Peace

93. Power to require surety

94. How application for surety of the peace is to be made

95. How application is to be heard

96. Complaint to be dismissed if preferred from malice only and without just cause of fear

97. If complaint reasonable defendant to be required to give security

98. Power of justice to order defendant to pay costs

99. Power of justice to commit defendant until he enters into the required recognizance

100. Right of complainant to require defendant to be bound over to keep the peace

101. Power to require convicted persons to give sureties of the peace in addition to or in lieu of punishment

102. Power of justices, upon sufficient cause, to require persons to give sureties of the peace where no complaint is made

103. Power to release persons imprisoned in default of finding sureties if complainant dies

104. Recognizances not to be discharged by release from complainant

105. How recognizances of the peace may be forfeited

106. Execution of forfeiture

Part XA - Restraint Orders

106A. Interpretation of Part XA

106B. Restraint orders

106C. Issue of warrants in respect of applications for restraint orders

106D. Interim restraint orders

106DA. Telephone interim restraint orders

106E. Procedure in relation to hearing and determining applications under this Part

106EA. When order takes effect

106F. Powers of justices to remand in custody, admit to bail, &c.

106G. Variation, extension, and revocation of restraint orders

106GA. Application for registration of external restraint order

106GB. Registration of external restraint order

106GC. Effect of registration of external restraint order

106GD. Variation, &c., of registered external restraint order

106GE. Access order prevails if inconsistency

106H. Costs

106I. Contravention of restraint order, &c.

106J. Power of justices to make orders under this Part at hearing of complaint for offence

106K. Restriction of publication of names of parties, &c.

106L. Power of police to enter certain premises

106M. Rules for purposes of Part XA

106N. Forms of application, restraint order, &c.

Part XI - Motions to Review, Appeals, and Similar Proceedings

Division 1 - Motions to review to the Supreme Court and hearings de novo

107. Summary mode of reviewing decisions of justices

108. Applicant limited to grounds to be stated in notice to review

109. Interlocutory proceedings

110. Powers of Supreme Court

111. Hearings de novo

112. Right of justices to show cause

113. Affidavits

Division 2 - Appeals to, and review by, magistrates

113A. Alternative appeals in certain cases

113B. Review by magistrate

Division 3 - Stated case

114. Right of justices to state case

Division 4 - Rule to show cause

115. Rule to show cause and order thereon

Division 5 - General provisions

116. Interpretation

117. Limitation of this Part

117A. Applications to justices for relief

118. Proceedings not to be quashed for want of form

119. Amendment of convictions, &c.

120. Want of complaint or summons

121. Distribution of penalty

121A. Repealed

122. Power of court or judge to admit to bail

123. Appeals to Full Court

123A. Bail where appeal to Full Court

124. Rules of court

125. Costs on appeal

Division 6 - Appeals relating to bail

125A. No appeal if police bail refused

125B. Appeal to magistrate

125C. Appeal to Supreme Court

125D. Appeal to be by way of rehearing

Part XII - Protection of Justices in the Execution of Their Office

126. Action for act done within jurisdiction as a justice

127. Action for act done without or in excess of jurisdiction

128. No action maintainable for exercise of discretion, &c.

129. Setting aside of proceedings when prohibited action brought

130. Notice of action

131. Where action may be brought

132. Where plaintiff does not recover damages beyond amount tendered, judgment to be for defendant

133. Damages

134. Costs

Part XIII - Miscellaneous

135. Warrant not to be void for form only

136. Protection of defective or irregular execution

136A. Recording of depositions and proceedings

137. Fees

138. Power to order delivery of possession of goods in custody of police officer

139. Prisoner to be present for statement under Evidence Act 2001

140. Repealed

140A. Repealed

140B. Repealed

141. Payment of fees

142. Accounts to be kept

143. Appropriation of penalties and fees

143A. Savings provisions

144. Rules of court

145. Regulations

146. Transitional provision: rules and regulations

147. Transitional provisions consequent on Justices Amendment Act 2007

Schedule 1 - Acts Repealed

Schedule 2

Schedule 3

Part I

Part II

View whole Act Statutory Rules Legislative history

Search Act
Find Component
Find Legislation

Current Document
Amendments
SRs

Results: match 0 of 0 provisions

Previous Hit Next Hit

Return to search results

0 hits in page:

First Last

Justices Act 1959

Version current from 26 June 2008 to 30 December 2008 (accessed 3 April 2025 at 19:09)

Status Information

Currency of version

Version current from 26 June 2008 to 30 December 2008 (accessed 3 April 2025 at 19:09)

Legislation on this site is usually updated within 3 working days after a change to the legislation.

Table of Amending Instruments

(click to view Table of Amendments)

Responsible Minister and Department

See the latest Administrative Arrangement Order or view the Information Guides to Legislation

Authorisation

File last modified 12 December 2024

Tasmanian Legislation Tasmania's consolidated legislation online

Justices Act 1959

Status Information

Currency of version

Table of Amending Instruments

Responsible Minister and Department

Authorisation

Tasmanian Legislation
Tasmania's consolidated legislation online