4E Circumstances in which Division may deal with S. 4E proceedings for certain offences or hear certain inserted by No. 51/2008 appeals s. 6. For the purposes of sections 4C and 4D, the circumstances are— (a) the accused is Aboriginal; and S. 4E(a) amended by No. 68/2009 s. 97(Sch. item 35.7). (b) the offence is within the jurisdiction of the County Court, other than— (i) a sexual offence as defined in section 6B(1) of the Sentencing Act 1991; or (ii) a contravention of a family violence S. 4E(b)(ii) substituted by intervention order or a family violence No. 51/2008 safety notice under the Family s. 10(4). Violence Protection Act 2008 or an offence arising out of the same conduct as that from which the contravention arose; and (c) the accused pleads guilty to the offence; and S. 4E(c) amended by No. 68/2009 s. 97(Sch. item 35.7). (d) the accused consents to the proceeding being S. 4E(d) amended by dealt with by the Koori Court Division; and No. 68/2009 s. 97(Sch. item 35.7). (e) the Koori Court Division considers that it is appropriate in all the circumstances that the proceeding be dealt with by it.
S. 4E inserted by No. 51/2008 s. 6. 4E Circumstances in which Division may deal with proceedings for certain offences or hear certain appeals For the purposes of sections 4C and 4D, the circumstances are— S. 4E(a) amended by No. 68/2009 s. 97(Sch. item 35.7). (a) the accused is Aboriginal; and (b) the offence is within the jurisdiction of the County Court, other than— (i) a sexual offence as defined in section 6B(1) of the Sentencing Act 1991; or S. 4E(b)(ii) substituted by No. 51/2008 s. 10(4). (ii) a contravention of a family violence intervention order or a family violence safety notice under the Family Violence Protection Act 2008 or an offence arising out of the same conduct as that from which the contravention arose; and S. 4E(c) amended by No. 68/2009 s. 97(Sch. item 35.7). (c) the accused pleads guilty to the offence; and S. 4E(d) amended by No. 68/2009 s. 97(Sch. item 35.7). (d) the accused consents to the proceeding being dealt with by the Koori Court Division; and (e) the Koori Court Division considers that it is appropriate in all the circumstances that the proceeding be dealt with by it.
58-6230a164.docx