Justices Regulation 2014

This regulation may be cited as the Justices Regulation 2014.

This regulation commences on 1 September 2014.

The dictionary in schedule 4 defines particular words used in this regulation.

This section applies if a warrant is issued under section 57 or 59 of the Act on a complaint.

If the warrant is issued at a place appointed for holding a Magistrates Court, the complainant must, at the time the warrant is issued, file a copy of the complaint with the clerk of the court at the place.

If the warrant is issued at another place, the complainant must, within 3 days after the warrant’s issue, file a copy of the complaint with the clerk of the court who is nearest to the place where the warrant was issued.

This section applies if a person asks a justice to issue a warrant that may be issued under section 81 of the Act.

If the warrant is issued at a place appointed for holding a Magistrates Court, the person must, at the time the warrant is issued—

file a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court at the place; and

pay the fee for filing the copy.

If the warrant is issued at another place, the person must, within 3 days after the warrant’s issue—

file a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court who is at or nearest to the returnable place; and

pay the fee for filing the copy.

In this section—

returnable place, for a warrant, means the place where the relevant witness is to be brought under the warrant.

For section 66(4) of the Act, the following types of warrant are prescribed—

a warrant issued under the Act;

a warrant issued under the Bail Act 1980;

a warrant issued under the Criminal Practice Rules 1999, rule 28;

a warrant issued under the Domestic and Family Violence Protection Act 2012;

a warrant of commitment issued under the Penalties and Sentences Act 1992;

an arrest warrant issued under the Police Powers and Responsibilities Act 2000;

a warrant issued under the State Penalties Enforcement Act 1999;

a warrant issued under the Youth Justice Act 1992.

For section 67(1)(b) of the Act, the following procedures for computer stored information are approved—

the procedures, made by the chief executive, stated in the document—

called ‘Issuing eWarrants in Queensland Courts’; and

published on the department’s website;

the procedures about computer warrants, made by the commissioner of the police service, stated in the document—

called ‘Operational Procedures Manual’; and

published by the department administering the Police Powers and Responsibilities Act 2000 on its website.

This section applies if a computer warrant is executed using information about the warrant in a document, other than a written version of the warrant, made under the approved procedures.

The document must include the following information about the warrant—

type;

reference number;

date of issue;

issuing entity’s name and location;

the Act under which the warrant was issued;

for a warrant of commitment for failure to pay an amount—

the amount payable; and

the default period of imprisonment;

for a warrant of execution—the amount payable.

The document must include the following information about the person to whom the warrant relates—

name;

address stated in the warrant;

latest known address.

The document must include the following information about the offence or alleged offence for which the warrant was issued—

a description of the offence or alleged offence;

the place where the offence or alleged offence happened;

the date of the offence or alleged offence;

the provision of the Act or statutory instrument that was contravened or allegedly contravened.

For section 69B(5)(b) of the Act, certification is to be by the arresting officer.

For section 69E(1)(b) of the Act, a document called ‘Warrant Report’ made by the commissioner of the police service for executing a warrant mentioned in the document is prescribed.

For section 69E(4)(b) of the Act, certification is to be by the arresting officer.

This section applies if a person asks a justice to issue a summons that may be issued under section 78 or 83 of the Act.

If the summons is issued at a place appointed for holding a Magistrates Court, the person must, at the time the summons is issued—

file a copy of the summons with the clerk of the court at the place; and

pay the fee for filing the copy.

If the summons is issued at another place, the person must, within 3 days after the summons’s issue—

file a copy of the summons with the clerk of the court who is at or nearest to the returnable place; and

pay the fee for filing the copy.

In this section—

returnable place, for a summons, means the place where the relevant witness is required to appear or produce documents under the summons.