Agency Details

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Agency ID797
TitleCourt of Petty Sessions, Tallebudgera
Agency TypeMagistrates Court
Start Date 5/3/1886
End Date 16/12/1926
Date NotesN/A
Abstract

Held original jurisdiction in minor criminal cases.

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Series

Series IDTitleFromTo
11276Bail Book 21/11/1885 16/12/1926
11275Register of Police Charges 5/3/1886 11/10/1896
9439Register of Licensed Auctioneers and Commission Agents 24/5/1923 23/9/1926
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Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 5/3/1886 29/7/1896
123Home Secretary's Office 29/7/1896 27/1/1904
19Department of Justice (I) 27/1/1904 16/12/1926
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Controlled Agencies

Details of controlled agencies do not exist or are unavailable.
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Previous Agencies

Details of previous agencies do not exist or are unavailable.
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Subsequent Agencies

Related Agencies

Agency IDTitleRelationship
1821Small Debts Court, Tallebudgeraminor court
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Finding Aids

This agency has no finding aids.
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Publication Notes
This agency has no publication notes.
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Remarks

Information Sources

Imperial Act 27 George III
An Act for regulating the police in the towns of Parramatta, Windsor, Maitland, Bathurst and other towns respectively and for removing and preventing nuisances and obstructions and for the better alignment of of streets therein (2 Victoria, No 2)
An Act to adopt and apply certain Acts of Parliament passed for facilitating the performance of duties of justices of the peace and for protecting them from vexatious actions and to prevent persons convicted of offences from taking undue advantage of mere defects or errors in form (14 Vcitoria, No 43)
Justices Act 1886
Penberthy Fry, T., Australian Courts and Administrative Tribunals, University of Queensland, 1946, p. 139
Queensland Government Gazette 1886, Vol XXXVIII, p. 893
Queensland Government Gazette 1890, Vol LI, No 134, p. 1508
Queensland Government Gazette 1891, Vol LII, No 61, p. 802
Queensland Government Gazette 1906, Vol LXXVII, p. 768
Queensland Government Gazette 1910, Vol XCIV, p. 1514
Queensland Government Gazette 1926, Vol CXXVII, p. 2732
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Legislation

Establishing N/A
Abolishing N/A
Administered An Act for regulating the police in the towns of Parramatta, Windsor, Maitland, Bathurst and other towns respectively and for removing and preventing nuisances and obstructions and for the better alignment of of streets therein (2 Victoria, No 2)
An Act to adopt and apply certain Acts of Parliament passed for facilitating the performance of duties of justices of the peace and for protecting them from vexatious actions and to prevent persons convicted of offences from taking undue advantage of mere defects or errors in form (14 Victoria, No 43)
Criminal Code Act 1899 (including Criminal Code)
Criminal Code Amendment Act 1922
Criminal Law Amendment Act 1892, 1894
Evidence and Discovery Act 1867
Imperial Act 27 George III
Justices Act 1886
Oaths Act 1867
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Description
ESTABLISHMENT:
Under the First and Second Charters of Justice (proclaimed in 1787 and 1814 respectively under the authority of Imperial Act 27 George III) justices of the peace appointed by the Governor were granted summary jurisdiction to hear petty criminal matters in the first instance without a jury.

The powers of justices of the peace and of police magistrates to sit as petty sessions were ultimately codified in the New South Wales Acts of 1835 (2 Victoria 2) and of 1850 (14 Victoria 43). This latter New South Wales Act ultimately formed the basis of the Queensland "Justices Act of 1886", which legislated for the appointment by the Governor in Council of districts for the holding of courts of petty sessions. The Court of Petty Sessions, Tallebudgera was proclaimed by the Governor in Council on 5 March 1886.

The Court of Petty Sessions, Tallebudgera was not in continuous existence throughout the above period. Gazettal proclamations: abolished this Court on 31 December 1890, reconstituted it on 26 February 1891, abolished this Court on 11 October 1906, and reconstituted it on 26 May 1910.

The Court of Petty Sessions, Tallebudgera was abolished by gazettal proclamation dated 16 December 1926.

FUNCTIONS:
Under a number of further Acts, the establishment of a place for the holding of a court of petty sessions was deemed to establish a number of further courts, for example, magistrates courts, fair rents courts, small debts courts. This agency definition will however be concerned purely with the court of petty sessions sitting as this court.
Courts of petty sessions had petty criminal jurisdiction and jurisdiction for summary actions of ejectment between lessors and lessees. Petty criminal jurisdiction is a complicated matter of law involving numerous Commonwealth and State statutes but can be briefly described as jurisdiction over summary trials of simple offences and committal proceedings for indictable offences sent to the Supreme Court.

In practice, if not in statute, courts of petty sessions were divided into three courts: police court (prosecutions commenced by police), summons court (prosecutions and proceedings for ejectment commenced by private prosecutors) and traffic court.

PORTFOLIO CONTROLLING:
Colonial Secretary 5 Mar 1886 - 6 Aug 1896
Home Secretary 6 Aug 1896 - 27 Jan 1904
Attorney General 27 Jan 1904 - 11 Oct 1906
Minister of Justice 26 May 1910 - 18 Feb 1908
Attorney General 18 Feb 1908 - 22 Oct 1919
Minister of Justice 22 Oct 1919 - 7 Apr 1920
Attorney General 7 Apr 1920 - 16 Dec 1926



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Preferred Citation

Queensland State Archives Agency ID797, Court of Petty Sessions, Tallebudgera
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Last updated 9 September 2016
Creative Commons Attribution 3.0 Australia (CC BY 3.0) ( http://creativecommons.org/licenses/by/3.0/au/ )
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