A complaint under the Justices Act 1886 (Qld) that follows the statutory wording of the offence-creating provisions but omits essential factual ingredients of the offence is not a nullity; it is defective but capable of amendment under s 48 of the Justices Act. The power of amendment under s 48 is broad and extends to defects in substance or form, including the omission of essential elements or factual ingredients. Where an objection is taken to a defect, s 48(1)(d) mandates that the court consider amendment. [name withheld] v President of Industrial Court of Queensland does not establish a threshold level of particularity below which a complaint is a nullity incapable of amendment.
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