XN000022-1981-04-08 — Page 9

WORUNESUAI, Armid 0, 1901

THE REVIEW OF THE NEXT SIX SETS OF REGULATIONS IS BEING FINALISED NOW AND HE PROPOSED TO AMEND THE REMAINING ONES AS SOON AS POSSIBLE.

IN THE FIVE SETS OF AMENDMENT REGULATIONS, ONLY THOSE OFFENCES WHICH HE CONSIDERED TO BE MOST SERIOUS, SUCH AS FAILURE BY A PROPRIETOR TO FENCE A WORKPLACE TO PREVENT WORKERS FROM FALLING FROM A HEIGHT AND THE GIVING OF FALSE PARTICULARS IN A REPORT, WILL ATTRACT THE MAXIMUM FINE OF $50 000.

FOR SERIOUS OFFENCES SUCH AS FAILURE TO GUARD A MACHINE

THE MAXIMUM FINE WILL BE $30 000. OTHER LESS SERIOUS OFFENCES WILL ATTRACT MAXIMUM FINES RANGING FROM $5 000 TO $20 000.

SUMMONSES PROCEDURES STREAMLINED

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THE MAGISTRATES (AMENDMENT) BILL 1981 WHICH DEALS WITH THE PROCEDURE BY WHICH SUMMONSES ARE ISSUED BY MAGISTRATES COURTS WENT THROUGH ITS THREE READINGS IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

SPEAKING ON THE BILL, THE ATTORNEY GENERAL, THE HON JOHN GRIFFITHS SAID IT PROVIDES FOR THE ISSUE OF SUMMONSES BY OFF ICERS OF MAGISTRATES COURTS WHO ARE AUTHORISED IN WRITING BY MAGISTRATES.

MR GRIFFITHS SAID ABOUT 10 000 SUMMONSES ARE ISSUED EVERY WEEK AND IT WAS IMPOSSIBLE FOR THE 40 MAGISTRATES TO PERSONALLY CONSIDER, APPROVE AND ISSUE EACH OF THEM. IN PRACTICE, THEREFORE, THE WORK HAD BEEN ATTENDED TO BY JUDICIAL CLERICAL STAFF UNDER THE GUIDANCE OF MAGISTRATES.

HE SAID THAT IN PRACTICE THE ISSUE OF SUMMONSES BY NON-PROFESSIONAL STAFF IN MAGISTRACIES HAS WORKED WELL AND PROPOSED THAT THIS PRACTICE SHOULD BE REGULARISED AND CONTINUED.

HOWEVER, MR GRIFFITHS CONSIDERED IT APPROPRIATE THAT CERTAIN SAFEGUARDS BE INTRODUCED:

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THAT PRIVATE COMPLAINTS BY PRIVATE CITIZENS WILL CONTINUE TO BE INDIVIDUALLY AND PERSONALLY CONSIDERED BY MAGISTRATES-

THAT MAGISTRATES SHOULD BE EMPOWERED TO CANCEL SUMMONSES SO THAT IF IT BECOMES CLEAR THAT A SUMMONS HAS BEEN WRONGLY ISSUED AGAINST A DEFENDANT HE IS NOT SUBJECTED TO THE INCONVENIENCE OF UNNECESSARILY ATTENDING A COURT- AND

THAT WHERE A SUMMONS IS CANCELLED AND THE PERSON SUMMONSED HAD ALREADY INCURRED COSTS A MAGISTRATE MAY IN APPROPRIATE CASES REIMBURSE HIM UP TO A LIMIT OF $5 000.

MR GRIFFITHS SAID THE BILL RETAINS THE MAGISTRATES' POWER TO REFUSE TO ISSUE A SUMMONS UPON OFFICIAL COMPLAINT OR INFORMATION, 1.E. UPON APPLICATION BY THE POLICE OR PUBLIC OFFICERS.

+THE BILL IN FACT REPRESENTS NO CHANGE FROM WHAT IS THE CURRENT PRACTICE IT MERELY MAKES WATERTIGHT A LEGAL LOOPHOLE,+ HE SAID.

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