Document ID: chunk:federal_register_of_legislation:C2024C00861:section:130:p1
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 130 (pt 1/2)
Character Range: 383316–386015

130  Trial by summary authority
 (1) A summary authority shall try a charge in accordance with the following provisions:
 (a) if the accused person is present at the hearing:
 (i) the authority, before hearing any evidence on the charge, must ask the accused person whether he or she pleads guilty or not guilty to the charge; and
 (ii) if the accused person pleads guilty and the authority is satisfied that the accused person understands the effect of that plea—the authority must, subject to subsection 131(3), convict the accused person;
 (aa) if:
 (i) the accused person has pleaded guilty to the charge in writing; and
 (ii) the authority has made an order under subsection 139(4) (permitting the accused person not to be present at the hearing);
  the authority must convict the accused person;
 (b) if the accused person pleads not guilty or the authority is not satisfied that the accused person, in pleading guilty, understands the effect of that plea, the authority shall record a plea of not guilty and proceed to hear the evidence on the charge;
 (c) if the authority, after hearing the evidence on the charge adduced by the prosecution, is of the opinion that that evidence is insufficient to support the charge, the authority shall dismiss the charge;
 (d) if the authority, after hearing the evidence on the charge adduced by the prosecution, is of the opinion that that evidence is sufficient to support the charge, the authority shall proceed with the trial;
 (e) if the authority finds that the charge is not proved, the authority shall dismiss the charge;
 (f) if the authority finds the charge proved, the authority shall convict the accused person;
 (g) if the authority convicts the accused person, the authority shall take action under Part IV in relation to the convicted person.
 (2) Where the accused person:
 (a) refuses to plead; or
 (b) does not plead intelligibly;
  the summary authority shall record a plea of not guilty and proceed accordingly in accordance with subsection (1).
 (3) Where an accused person who has pleaded not guilty withdraws his or her plea and pleads guilty, the summary authority shall, if it is satisfied that the accused person understands the effect of that plea, substitute a plea of guilty for the plea of not guilty and proceed accordingly in accordance with subsection (1).
 (3A) Nothing in subsection (1) shall be taken to require the summary authority, in trying a charge in accordance with that subsection, to form either an opinion of the kind referred to in paragraph (1)(c) or an opinion of the kind referred to in paragraph (1)(d) unless:
 (a) the accused person has submitted that the summary authority should form an opinion of