Local Court Bench Book - Judicial Commission Of New South Wales

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Local Court Bench BookJudicial Commission of New South Wales

Published in Sydney by —Judicial Commission of New South WalesLevel 5, 60 Carrington StreetSydney NSW 2000DX 886 SydneyGPO Box 3634Sydney NSW 2001www.judcom.nsw.gov.auISBN 978-0-7313-5624-9 Judicial Commission of New South Wales 1988—This publication is copyright. Other than for the purposes of, and subject to the conditions prescribedunder, the Copy Right Act 1968 (Cth), no part of it may in any form or by any means (electronic,mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrievalsystem or transmitted without prior permission. Enquiries should be addressed to the publisher.The Judicial Commission of NSW welcomes your feedback. Please send your comments by email to:localbb@judcom.nsw.gov.au

Agreement for UseThe Local Court Bench Book is produced as a guideline only and is not intended tolay down or develop any principles of law, but to reflect the law as it stands at anygiven time.This publication is copyright. Other than for the purposes of, and subject to theconditions prescribed under, the Copyright Act 1968 (Cth), no part of it may in anyform or by any means (electronic, mechanical, microcopying, photocopying, recordingor otherwise) be reproduced, stored in a retrieval system or transmitted without priorpermission.By opening the Local Court Bench Book you are agreeing —1.not to use the Local Court Bench Book for reproduction in any commercialpublication or as a part of any commercial activity, other than for the purposes ofpreparing for a court case, either as a practitioner (that is, a solicitor or a barrister)or as a member of the judiciary;2.other than as above (note 1), that the Local Court Bench Book will be for personaluse only and any alterations made to the text will not be circulated3.that if you wish to use the Local Court Bench Book in any other way, you willcontact theChief ExecutiveJudicial Commission of New South WalesGPO Box 3634Sydney NSW 2001DX 886 SydneyTel: 61 2 9299 4421Fax: 61 2 9290 3194Email: localbb@judcom.nsw.gov.auiii

ForewordThe Local Court Bench Book is a comprehensive guide for magistrates for the conductof civil and criminal practice and procedure in the Local Court of New South Wales.The members of the Local Court Bench Book Subcommittee and Judicial Commissionof New South Wales staff who produced the work, and who have kept it up to date,are to be congratulated.Previous editions of the Bench Book were available only to magistrates. To coincidewith the commencement of the Local Court Act 2007 on 6 July 2009, which establishedthe Local Court as a single constituted court sitting at 155 locations across the State,it was decided to make the Bench Book more widely available. It is hoped that thiswill further enhance the contribution of the Bench Book to the efficient administrationof justice in New South Wales. The Local Court of New South Wales is the largestand busiest court in Australia and finalises 98 per cent of civil matters and criminalmatters in New South Wales.The Judicial Commission has always welcomed criticism and suggestions frommagistrates about the contents of the Bench Book. Now that the Bench Book willbe more widely available, the invitation to make suggestions and advance criticismsis extended to the broader legal community, with the hope that this will ensure themaintenance of a Bench Book of the highest quality and authority over the long term.It is appropriate to reiterate that the Bench Book does not contain an authoritativestatement of the law.His Honour Graeme HensonChief MagistrateFebruary 2010LCBB 97vOCT 10

Comments and ContactsThe Local Court Bench Book has been designed to assist magistrates to conductproceedings in the Local Court of New South Wales. The material has been developedunder the direction of the Local Court Bench Book Subcommittee as part of the LocalCourt Education Committee.The Local Court Bench Book will be progressively updated in accordance withlegislative changes and court decisions.Although considerable care has been taken in the preparation of these materials, thecontent should not be regarded as a substitute for the actual text of legislation or courtdecisions.As we wish to produce materials which are of benefit to judicial officers, the JudicialCommission welcomes any criticisms or suggestions as to the form or content ofthe Local Court Bench Book. We encourage you to contact us should any errors oromissions be found —The EditorLocal Court Bench BookJudicial Commission of New South WalesGPO Box 3634Sydney NSW 2001DX 886 SydneyTel: 61 2 9299 4421Fax: 61 2 9290 3194Email: localbb@judcom.nsw.gov.au Judicial Commission of New South Wales 1990–2010LCBB 97viiOCT 10

DisclaimerThe Local Court Bench Book contains information prepared and collated by theJudicial Commission of New South Wales (the Commission).The Commission does not warrant or represent that the information containedwithin this publication is free of errors or omissions. The Local Court Bench Book isconsidered to be correct as at the date of publication, however changes in circumstancesafter the time of issue may impact the accuracy and reliability of the information within.The Commission takes no responsibility for and makes no representation orwarranty regarding the accuracy, currency, reliability and correctness of anyinformation provided to the Commission by third parties.The Commission, its employees, consultants and agents will not be liable (includingbut not limited to liability by reason of negligence) to persons who rely on theinformation contained in the Local Court Bench Book for any loss, damage, cost orexpense whether direct, indirect consequential or special, incurred by, or arising byreason of, any person using or relying on the publication, whether caused by reason ofany error, omission or misrepresentation in the publication or otherwise.LCBB 97ixOCT 10

Specific Penalties and OrdersIntroductionThe purpose of this section is to set out the most common offences dealt with, and orders made by, the LocalCourt under New South Wales Acts and regulations.There are two types of offences dealt with in the Local Court — summary offences and indictable offencesdealt with summarily.The maximum penalties that the Local Court may impose for these offences under particular Acts andregulations are set out in the penalties tables below. A number of Acts contain provisions that set maximumpenalties that may be imposed by the Local Court. Where as a consequence of the application of such aprovision, a penalty is lower than that provided for under the particular offence provision, an asterisk appearsnext to the penalty and there is a reference to the limiting provision below the penalties table.Indictable offencesSubject to any law or practice that provides for an indictable offence to be dealt with summarily, indictableoffences are punishable by information (an indictment) in the Supreme Court or the District Court, on behalf ofthe Crown, in the name of the Attorney General or the Director of Public Prosecutions: s 8 Criminal ProcedureAct 1986 (CP Act).Where the penalty for an indictable offence is a term of imprisonment only, a court may impose a fine notexceeding 1000 pu on an offender whom it convicts on indictment and the fine may be imposed in addition to, orinstead of, any other penalty that may be imposed for the offence: ss 15(2), (3) Crimes (Sentencing Procedure)Act 1999.In many instances, indictable offences may be dealt with summarily. For the purposes of comparison, in anumber of the penalties tables below the maximum penalties for offences dealt with on indictment have beenincluded in square brackets below the maximum penalty for those offences which may be dealt with summarily.Summary offencesA summary offence is an offence that is not an indictable offence: s 3 CP Act. Subject to a contrary provision,an offence that is permitted or required to be dealt with summarily is to be dealt with by the Local Court: s 7(1).The following offences must be dealt with summarily (s 6): an offence that under this or any other Act is required to be dealt with summarily an offence that under this or any other Act is described as a summary offencean offence for which the maximum penalty that may be imposed is not, and does not include, imprisonmentfor more than 2 years, excluding the following offences:– an offence that under any other Act is required or permitted to be dealt with on indictment– an offence listed in Table 1 or 2 to Schedule 1.Time limitSubject to the provisions of any other Act which specify another period within which proceedings for summaryoffences may be instituted, such proceedings must be commenced not later than 6 months from when the offencewas alleged to have been committed: s 179 CP Act.Indictable offences dealt with summarilyChapter 5 CP Act requires that the indictable offences listed in Tables 1 and 2 of Sch 1 CP Act be dealt withsummarily by the Local Court unless: in the case of Table 1 offences — the prosecuting authority or person charged elects to have the offencedealt with on indictment in the case of Table 2 offences — the prosecuting authority elects to have the offence dealt with onindictment: s 260 CP Act.Section 259 CP Act provides that all the offences listed in Tables 1 and 2 are indictable offences, subject tothe provisions in Ch 5.LCBB 13911DEC 20

IntroductionTime limitThere is no time limit for offences dealt with summarily under Ch 5: s 270 CP Act.Table 1 offencesSection 267 CP Act prescribes the maximum penalty that may be imposed for an indictable offence listed inTable 1 dealt with summarily under Ch 5 in any case where the maximum penalty (when the offence is dealtwith summarily) is not provided for: the maximum term of imprisonment is 2 years or the maximum term provided by law for the specific offence,whichever is the shorter term: s 267(2) the maximum fine is 100 pu or the maximum fine provided by law for the specific offence, whichever isthe smaller fine: s 267(3) instead of imposing a term of imprisonment, the Local Court may impose a fine not exceeding 100 pu for aTable 1 offence in any case where a fine is not otherwise provided by law for the offence: s 267(5) any option provided by law to impose a term of imprisonment, or a fine, or both continues to apply: s 267(6).The maximum penalty the Local Court may impose for: attempting to commit an offence being an accessory before or after the actaiding, abetting, counselling or procuring the commission of an offence that is a misdemeanourconspiring to commit an offenceinciting the commission of an offenceis the same as the Local Court may impose for the offence concerned: s 267(4B) CP Act.Table 1 offences are included in the penalties tables below.Table 2 offencesSection 268 prescribes the maximum penalty that may be imposed for an indictable offence listed in Table 2dealt with summarily under Ch 5 in any case where the maximum penalty (when the offence is dealt withsummarily) is not provided by law: the maximum term of imprisonment is, subject to this section, 2 years or the maximum term of imprisonmentprovided by law for the offence, whichever is the shorter term: s 268(1A) maximum fines which the Local Court may impose for a range of offences under particular Acts are setout: s 268(2). a fine may be imposed as referred to in s 268(2) for an offence in addition to or instead of any term ofimprisonment that may be imposed by law for the offence: s 268(2A)The maximum penalty the Local Court may impose for: attempting to commit an offence being an accessory before or after the actaiding, abetting, counselling or procuring the commission of an offence that is a misdemeanourconspiring to commit an offenceinciting the commission of an offenceis the same as the Local Court may impose for the offence concerned: s 268(2A) CP Act.Table 2 offences are indicated in the penalties tables below under the relevant provision.Bail Act 2013 No 26CurrencyAs amended to Stronger Communities Legislation Amendment (Miscellaneous) Act 2020 (No 31). Commenced27 October 2020. Current to 29 October 2020.DEC 2012LCBB 139

Biosecurity Act 2015JurisdictionSection 97(1): Proceedings for an offence under the Act or regulations, other than an offence for which themaximum penalty on indictment is specified, are to be dealt with summarily before the Local Court.Section 97(2): Ch 5 Criminal Procedure Act 1986 applies to an offence under the Act for which a maximumpenalty on indictment is specified.Section 97(3): This section does not apply to proceedings for an offence under the Act for fail to appear.(Fail to appear offences are dealt with separately in ss 79 and 80: see below.)Penalty for failure to appearSection 79(1): A person who, without reasonable excuse, fails to appear in accordance with a bailacknowledgment is guilty of an offence.Section 79(2): Onus is on the person granted bail to prove reasonable excuse.Section 79(3): The maximum penalty for an offence against s 79 is the maximum penalty for the offence forwhich bail was granted.Section 79(4): A penalty of imprisonment for a fail to appear offence is not to exceed 3 years and monetarypenalty for an offence against this section is not to exceed 30 penalty units.Procedure for fail to appear offenceSection 80(1): Proceedings may be commenced at any time.Section 80(2): Proceedings to be dealt with summarily by the court dealing with the offence for which theperson failed to appear, or, in any case, by the Local Court.Show cause requirementSection 16A: A bail authority making a bail decision for a “show cause” offence must refuse bail unless theaccused person shows cause why his or her detention is not justified.Section 16B: The section identifies the offences to which the show cause requirement applies, including any“serious indictable offence” under Pt 3 or 3A Crimes Act 1900 or the Firearms Act 1996, or a serious indictableoffence alleged to be committed while the accused person is on bail or on parole. In cases where an accused ison bail or parole, that can include bail or parole granted in a jurisdiction other than NSW. “Serious indictableoffence” has the same meaning as in the Crimes Act 1900, ie, an indictable offence that is punishable byimprisonment for life or for a term of 5 years or more (s 4(1)).SECTIONDESCRIPTIONPENALTY (MAX)79(1), (3), (4) Fail to appear in accordance with bailacknowledgment84Bail guarantor must not dispose of bailsecurity86(1), (2)Indemnify person against forfeiture that maybe incurred under a bail security agreements 86(5): proceedings can only be institutedwith the consent of the Minister89(1)TABLESame as maximum penalty for offencefor which bail was granted, not exceeding30 pu or 3 yrsmax imp 2 yrsA person must not publish or broadcastinformation identifying a person who is aprohibited associate of an accused person.On summary conviction: 30 pu and/or 2 yrs;1[30 pu or 3 yrs]10 puBiosecurity Act 2015 No 24CurrencyAs amended to Statute Law (Miscellaneous Provisions) Act 2020 (No 30). Sch 3 commenced 27 October 2020.Current to 29 October 2020.JurisdictionSection 283: Proceedings for an offence against this Act or the regulations are to be dealt with summarily bythe Local Court or before the Supreme Court in its summary jurisdiction. The maximum penalty if proceedingsare brought before the Local Court, is 22,000 or 2 years imprisonment or the maximum term of imprisonmentprovided for by law, whichever is the lesser.LCBB 13913DEC 20

Biosecurity Act 2015Section 284: Proceedings for a category 1 offence may be commenced within 3 years after the date of thealleged offence. Proceedings for a category 2 offence may be commenced within 2 years after the date of thealleged offence.Section 279: Maximum penalty for category 1 offence, in the case of an individual – 1,100,000 orimprisonment for 3 years or both, and in the case of a continuing offence 137,500 for each day the offencecontinues.Section 279: Maximum penalty for category 1 offence, in the case of a corporation – 2,200,000 and in thecase of a continuing offence 275,000 for each day the offence continues.Section 280(1): Maximum penalty for category 2 offence, in the case of an individual – 220,000 and inthe case of a continuing offence 55,000 for each day the offence continues.Section 280(1): Maximum penalty for category 2 offence, in the case of a corporation – 440,000 and inthe case of a continuing offence 110,000 for each day the offence continues.Section 280(2): Maximum penalty for a category 2 offence that is committed negligently, in the case ofan individual – 1,100,000 and, in the case of a continuing offence, a further penalty of 137,500 for eachday the offence continues.Section 280(2): Maximum penalty for a category 2 offence that is committed negligently, in the case ofa corporation – 2,200,000 and, in the case of a continuing offence, a further penalty of 275,000 for eachday the offence continues.Section 280(4): A court cannot impose a penalty for an offence on the basis of s 280(2) unless the process bywhich the proceedings are commenced specifies that the offence is alleged to have been committed negligentlyand the factors that were alleged to constitute negligence.SECTIONDESCRIPTIONPENALTY (MAX)23Failure to discharge biosecurity duty –Category 1 offence if the failure is intentional or reckless and the failure caused,or was likely to cause, a significant biosecurity impact;in any other case, the offence is a category 2 offenceCorp/Indiv 22,000 or 2 yrs*28Dealing with prohibited matter –Category 1 offence if the offence is committed intentionally or recklessly;in any other case, the offence is a category 2 offenceCorp/Indiv 22,000 or 2 yrs*32Failure to notify presence of prohibited matter –Category 1 offence if the failure is intentional or reckless;in any other case, the offence is a category 2 offenceCorp/Indiv 22,000 or 2 yrs*37Failure to prevent, eliminate or minimise risk posed by prohibited matter –Category 1 offence if the failure is intentional or reckless;in any other case, the offence is a category 2 offenceCorp/Indiv 22,000 or 2 yrs*40Failure to notify of biosecurity event –Category 1 offence if the failure is intentional or reckless;in any other case, the offence is a category 2 offenceCorp/Indiv 22,000 or 2 yrs*75Contravening a control order – Category 2 offenceCorp/Indiv 22,000 or 2 yrs*116Failure to comply with requirement of authorised officer – Category 2 offenceCorp/Indiv 22,000 or 2 yrs*138Failure to comply with biosecurity direction – Category 2 offenceCorp/Indiv 22,000 or 2 yrs** Maximum penalty in the Local Court: s 283.Child Protection (Offenders Prohibition Orders) Act 2004 No 46CurrencyAs amended to Terrorism (High Risk Offenders) Act 2017 (No 68). Sch 2.3 commenced 19 January 2018.Current to 14 August 2018.JurisdictionSection 20: Proceedings for an offence against this Act or the regulation may be dealt with summarily by theLocal Court.Section 13: Table 2 offence dealt with on indictment unless the prosecution elects otherwise.DEC 2014LCBB 139

Child Protection (Offenders Registration) Act 2000OrdersSection 5: The Local Court may make a child protection prohibition order prohibiting a person from engagingin conduct specified in the order if it is satisfied that the person is a registrable person and that, on the balanceof probabilities there is reasonable cause to believe, having regard to the nature and pattern of conduct of theperson, that the person poses a risk to the lives or sexual safety of one or more children, or children generally,and the making of the order will reduce that risk. The Local Court may also make interim prohibition ordersunder s 7.Section 6: The Local Court must specify the term of a prohibition order (other than an interim prohibitionorder) being a term of not more than 5 yrs or, in the case of a young registrable person, not more than 2 yrs,after it is made.SECTIONDESCRIPTION13Breach of prohibition orderPENALTY (MAX)TABLE100 pu and/or 2 yrs[500 pu and/or 5 yrs]2Child Protection (Offenders Prohibition Orders) Regulation 2018CurrencyCommenced 1 September 2018. Current to 1 September 2018.CLAUSEDESCRIPTIONPENALTY (MAX)9(1)Publication of information that identifies a person who is subject to acorresponding prohibition order, or person at risk because of conductprohibited by a corresponding prohibition order50 puChild Protection (Offenders Registration) Act 2000 No 42CurrencyAs amended to Children’s Guardian Act 2019 (No 25). Commenced 1 March 2020. Current to 1 March 2020.JurisdictionSection 21(1): With the exception of the Table 1 offences, proceedings for an offence against this Act are tobe dealt with summarily.Section 21(2): Offences under ss 17 (failing to comply with reporting obligations), 18 (furnishing false ormisleading information) and 19E are Table 2 offences for the purposes of the CP Act (s 268, Sch 1). Themaximum penalty that the Local Court may impose for these offences is 100 pu and/or 2 yrs: s 268(2)(l).EvidenceSection 21A: A certificate signed by the Commissioner of Police, or a member of NSW Police designated bythe Commissioner, is prima facie evidence.Commencement of proceedingsSection 21B: Despite anything to the contrary in the CP Act, a proceeding for an offence under this Act maybe commenced at any time.Child protection registration ordersSection 3D(1): If a court finds a person guilty of an offence that is not a Class 1 or a Class 2 offence (definedin s 3), it may order that the person comply with the reporting obligations in the Act.Section 3E(1): The Local Court may, on application by the Commissioner of Police, order a person who hasbeen sentenced by a court of NSW in respect of an offence that is not a Class 1 offence or a Class 2 offenceto comply with the reporting obligations under the Act.Note: Where applicable, the maximum penalty for an offence dealt with on indictment is indicated in square brackets in thePenalty (Max) column.SECTIONDESCRIPTION12H(2)Person use retained records for non-permitted purposePENALTY (MAX)17(1)Registrable person fail to comply with reporting obligations.TABLE20 pu100 pu and/or 2 yrs2[500 pu and/or 5 yrs]LCBB 13915DEC 20

Child Protection (Offenders Registration) Act 2000SECTIONDESCRIPTIONPENALTY (MAX)TABLE18In purported compliance with Pt 3, furnish false/misleadinginformation.100 pu and/or 2 yrs2[500 pu and/or 5 yrs]19EApplication for change of name by a registrable person withoutreasonable cause prohibited without written approval of theCommissioner of Police.21EProhibited disclosure of information re a registrable person22(2)Regulations may create offences100 pu and/or 2 yrs2[500 pu and/or 5 yrs]100 pu and/or 2 yrs20 puChildren and Young Persons (Care and Protection) Act 1998No 157CurrencyAs amended to Stronger Communities Legislation Amendment (Miscellaneous) Act 2020 (No 31). Commenced27 October 2020. Current to 29 October 2020.JurisdictionSection 259(1): With the exception of the Table 1 offences, proceedings for an offence against the Act orregulations may be dealt with summarily before the Local Court (or before the Supreme Court in its summaryjurisdiction).Section 259(2): Offences under ss 105(2) (Publication of names and identifying information) and 175(1)(Special medical treatment) are Table 1 offences for the purposes of the CP Act: s 267, Sch 1.PenaltySection 259(3): The maximum monetary penalty the Local Court may impose is 200 pu or the maximummonetary penalty provided by this Act for the offence, whichever amount is the smaller.Table 1 offences: For the maximum penalties for summary disposal of Table 1 offences by the Local Courtsee above.Offences by corporations — liability of directors/persons concerned in managementSection 258(1): In the case of the offences by corporations specified in s 258, directors and managers are liableunless:(a) the corporation contravened the provision without the knowledge actual, imputed or constructive of theperson, or(b) the person was not in a position to influence the conduct of the corporation in relation to its contraventionof the provision, or(c) the person, being in such a position, used all due diligence to prevent the contravention by the corporation.Note: Where applicable, the maximum penalty for an offence dealt with on indictment is indicated in square brackets in thePenalty (Max) column.SECTIONDESCRIPTION105Publication of names and identifying information227Intentionally take action resulting in or likely to result in physical injury orsexual abuse of child or young person; or damage child or young person’sintellectual or emotional development or physical development200 puand/or 2 yrs228Neglect to provide child or young person with adequate and proper food,nursing, clothing, medical aid or lodging without reasonable excuse200 puand/or 2 yrs229Unauthorised removal of child or young person from person intowhose care and attention child placed under Act; removal of childfrom a person when child so placed under protection order; permitchild to be taken from hospital without Secretary’s consent200 pu230(2)Tattoo child or young person without parent’s consent200 pu230A(2)Body pierce any part of the genitalia or nipples of a child200 puDEC 20PENALTY (MAX)16TABLEIndiv: 200 puand/or 2 yrsCorp: 2000 puLCBB 139

Classification (Publications, Films and Computer Games) Enforcement Act 1995SECTIONDESCRIPTIONPENALTY (MAX)230A(4)Body pierce any other part of the body of child without parental permission231Leave child or young person unattended in motor vehicle if child emotionallydistressed or likely to become so, or if health likely to be or is permanentlyor temporarily impaired200 pu241(2)Not comply with person making entry and inspection under Act or warrant200 pu251Wilfully hinder, obstruct, delay, assault, threatens with violenceperson exercising functions under Act200 pu252Falsely represent self as employee of Department200 pu253Make false or misleading statement in connection with Secretary’sinquiry in relation to application under Act or regulations254(1)Unauthorised disclosure of information obtained in connection withadministration or execution of Act264(2)Regulations may create offencesTABLE30 pu5 pu10 puand/or 12 mths10 puClassification (Publications, Films and Computer Games)Enforcement Act 1995 No 63CurrencyAs amended to Statute Law (Miscellaneous Provisions) Act 2017 (No 22). Commenced 7 July 2017. Currentto 14 August 2018.JurisdictionSection 57(1): Proceedings for an offence under this Act may be dealt with summarily before the Local Courtor by the Supreme Court in its summary jurisdiction.Section 57(2): If proceedings are brought in the Local Court, the maximum penalty that the Local Court mayimpose is 100 pu or imprisonment for 2 yrs or the maximum penalty provided by this Act in respect of theoffence (whichever is less).EvidenceSection 58: Certificate signed by Director/Deputy Director or Convenor is prima facie evidence.Commencement of proceedingsSection 59: Proceedings for an offence under this Act in relation to a film, publication or computer game thatis unclassified at the time of the alleged offence:(a) are not to be commenced until:(i) the film, publication or computer game has been classified, or(ii) the accused, by notice under s 58A, agrees that the publication, film or computer game if classifiedwould have been the classification agreed, and(b) are not to be commenced later than 12 months after the date on which:(i) the film, publication or computer game was classified, or(ii) the accused returned the notice under s 58A,whichever is relevant.CostsSection 60: Court may order offender to pay costs, to include fee incurred by prosecution for classification ofmaterials and for provision of certificate under s 87 of the Classification (Publications, Films and ComputerGames) Act 1995 (Cth).Corporate offenceSection 62: Director or person concerned in the management of the corporation who aids, abets, counsels orprocures, induces, conspires, knowingly concerned in, or party to, the commission of the corporate offence,incurs the maximum penalty for the corporate offence if committed by an individual.LCBB 13917DEC 20

Classification (Publications, Films and Computer Games) Enforcement Act 1995SECTIONDESCRIPTIONPENALTY (MAX)6Sell or exhibit a film classified RC or X (18 ) or an unclassified filmif the film is subsequently classifiedGPGMMA (15 ) or R (18 )RC or X (18 )Corp 5 pu; Indiv 1 puCorp 10 pu; Indiv 5 puCorp 20 pu; Indiv 10 puCorp 100 pu; Indiv 50 puCorp 100 pu*; Indiv 100 pu or 12 mths7Sell or exhibit classified film under different title, etc8Fail to display notice about classificationsCorp 10 pu; Indiv 5 pu9(1)Sell, etc RC or X (18 ) film to minor if so classified, or ifunclassified, when if classified would be RC or X (18 )Corp 100 pu*;Indiv 100 pu* or 2 yrs9(2)Sell, etc R (18 ) film to minor if so classified, or if unclassified,when if classified would be RC or X (18 )9(4)Sell, etc MA (15 ) film to minor under 15 yrs10Parent permits minor to attend RC, X (18 ) or R (18 ) film11Minor over 15 yrs buys, or attends RC, X (18 ) or R (18 ) film12(1)Publicly exhibit R (18 ) film in presence of minor13(1)Publicly exhibit MA (15 ) film in presence of minor under 15 yrs14(1)Privately exhibit RC or X (18 ) film in presence of minor14(2)Privately exhibit R (18 ) film in presence of minor15(1)–(3)Fail to display determined markings, etc16(1)Keep unclassified, RC or X (18 ) films with other films17(1)Leave RC or X (18 ) films in a public place, or private premises withoutowner’s permissionCorp 100 pu*;Indiv 100 pu or 12 mths18(1), (2)Possess, copy, RC or X (18 ) film for sale or exhibitionCorp 100 pu*;Indiv 100 pu or 12 mths19(1)(a)Sell or deliver (a) a submittable publication or (b) a publication classifiedRC —Corp 100 pu*; Indiv 100 puCorp 100 pu; Indiv 50 pu20 pu5 puCorp 100 pu; Indiv 50 puCorp 2

The Local Court Bench Book is a comprehensive guide for magistrates for the conduct of civil and criminal practice and procedure in the Local Court of New South Wales. The members of the Local Court Bench Book Subcommittee and Judicial Commission of New South Wales staff who produced the work, and who have kept it up to date, are to be .

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