The obligation to give s 78B Judiciary Act notices does not arise where the court is satisfied that the constitutional points raised are entirely spurious and do not really and substantially involve a matter arising under the Constitution. State road traffic legislation regulating driving within a single State does not contravene s 92 of the Constitution. A court may proceed under s 55 of the Criminal Procedure Act 2004 (WA) where an accused is physically present but refuses to identify himself.
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