Criminal Justice Legislation (Miscellaneous Amendments) Act 2002

s. 22
Criminal Justice Legislation (Miscellaneous Amendments) Act
2002
Act No. 35/2002
charge within 28 days after the date of service of the
notice, the Court must set aside the sentencing order
and re-hear the charge.
(11) This clause does not limit the power of the Court to
proceed to hear and determine the charge in the
defendant's absence under section 41(2) or (3) on the
basis of evidence on oath given by or on behalf of the
informant if the informant had not served an outline
of evidence on the defendant in accordance with
section 37A.".
22. Committal of corporate defendant
In clause 24(1) of Schedule 5 to the Magistrates'
Court Act 1989—
(a) in paragraph (b), after "(b)" insert "if the
defendant is a natural person,";
(b) after paragraph (b) insert—
"(ba) if the defendant is a body corporate,
order the defendant to appear, by a
representative or a legal practitioner, at
its arraignment; and".
23. Offence not to appear
In Part 6 of Schedule 5 to the Magistrates' Court
Act 1989, after clause 24A insert—
"24B. Offence to fail to appear at trial
A body corporate must comply with an order made
under clause 24(1)(ba).
Penalty: 240 penalty units.".
24. Transitional
In Schedule 8 to the Magistrates' Court Act
1989—
(a) in clause 25 (where secondly occurring) for
"25." substitute "26.";
(b) after clause 26 insert—
"27. (1) The amendments made to this Act by
sections 12, 13, 14, 15, 19 and 20 of the
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