Local Court Bench Book Update 146 published

Update 146 of the Local Court Bench Book includes:

Specific penalties and orders has been updated as follows:

  • New Casino Control Act 1992 which includes s 84(1) offence of enter or remain in casino contrary to exclusion order (other than those self-excluded).
  • Crimes Act 1900 has been amended by Crimes Amendment (Prohibition on Display of Nazi Symbols) Act 2022 to include a new offence s 93ZA of display Nazi symbols.
  • Environmental Planning and Assessment Act 1979 includes the new Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 cll 108 and 109 which replace the Environmental Planning and Assessment Regulation 2000 cll 183–186.
  • Mandatory Disease Testing Act 2021 includes regulatory information and the Form of mandatory testing order in Mandatory Disease Testing Regulation 2022 and mandatory testing order procedures in the Children’s Court in Children’s Court Practice Note 16.
  • Rural Fires Act 1997 includes new Rural Fires Regulation 2022.

[2-000] Road Transport includes information about the National Heavy Vehicle Regulator at [2-040] which is responsible for the conduct of prosecutions relating to heavy vehicles under the Heavy Vehicle National Law.

[6-000] Evidence Act 1995 refers to the Criminal Trial Courts Bench Book commentary on evidence.

[20-000] Bail is amended at [20-300] to expand upon the discussion of s 22B of the Bail Act 2013 which provides that, upon application, the court must not grant or dispense with bail during the period following conviction but before sentence for an offence for which the accused will be sentenced to full-time imprisonment, unless special or exceptional circumstances exist. The decisions of DPP v Van Gestel [2022] NSWCCA 171, El Hilli v R [2015] NSWCCA 146, DPP v Duncan [2022] NSWSC 927, DPP v Day [2022] NSWSC 938, and R v LM [2022] NSWSC 987 discussing the construction and operation of s 22B are referred to.

[22-000] Apprehended violence orders at [22-120] has been updated to provide guidance as to the meaning of “term of imprisonment” in ss 39(2B), (2C) of the Crimes (Domestic and Personal Violence) Act 2007 .

[28-000] Committal proceedings is amended to include Coles v DPP [2022] NSWSC 960 at [28-160] to clarify it is mandatory for a magistrate to inquire whether or not the accused pleads guilty to the offences before committing the accused to trial.

[40-000] Children’s Court —Care and Protection Jurisdiction includes the new Children and Young Persons (Care and Protection) Regulation 2022.

The Index, Table of Cases and Table of Statutes have been updated to Update 146.