Summary jurisdiction in indictable offences
85 Summary jurisdiction in indictable offences
S. 85(1) amended by Nos 7/1988 s. 9(h), 57/1989 s. 3(Sch. item 219.4(a)), 68/2009 s. 97(Sch. item 135.2(a)).
The provisions of the Criminal Procedure Act 2009 enabling the hearing of charges for certain indictable offences in a summary way shall have effect with respect to offences against section 76(1), (2), (2A) or (5) subject to the following provisions, namely—
S. 85(1)(a) repealed by No. 57/1989 s. 3(Sch. item 219.4(b)).
* * * * *
S. 85(1)(b) amended by Nos 35/1996 s. 453(Sch. 1 item 89), 18/2005 s. 18(Sch. 1 item 118), 68/2009 s. 97(Sch. item 135.2(b)), 17/2014 s. 160(Sch. 2 item 110).
any consent required by those provisions to be given by the accused may, in the absence of the accused, be given by his or her Australian legal practitioner;
S. 85(1)(c) amended by No. 68/2009 s. 97(Sch. item 135.2(b)).
the court may hear and determine the charge in a summary way if it considers of its own motion at any time during or immediately after the hearing of the evidence for the prosecution and whether or not the accused is present in court or represented in court that it is fitting for the charge to be disposed of summarily;
S. 85(1)(d) amended by No. 70/1990 s. 12(1)(u).
the court may impose a fine of not more than 100 penalty units; and
where the person charged is the master of a ship and is for the time being out of the jurisdiction service of any documents relating to the offence shall be sufficiently served on that person by being served on the agent (if any) of the ship of which he is the master.
Notwithstanding the provisions of any Act, law or usage to the contrary a person who has been directed to be tried for an indictable offence against this Part may be proceeded against, tried and convicted of the offence in his absence.
S. 85A inserted by No. 90/1989 s. 16.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.