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VII.—Legal Procedure and Application of Fees Fines Penalties etc.
104. Every offence under this Act shall be prose-
Summary proceedings for offences under this Act.
cuted, and every penalty and forfeiture shall be recovered and enforced, and every order of justices or a justice under this Act shall be enforced in manner provided as to procedure in summary jurisdiction by "
The Justices of the Peace Statute 1865" or any existing modification of such Statute: Provided that except as in this Act otherwise expressly provided, every information or complaint (other than in a case where the offence charged is that of being found drunk in any highway or other public place or any licensed premises) shall be heard and determined by two or more justices of the peace in petty sessions, or by a police or stipendiary magistrate for the time being empowered by law to do alone any act authorised to be done by more than one justice of the peace and sitting alone or with others at some court or other place: Provided also that all forfeitures shall be sold or otherwise disposed of in such manner as the court or justice or justices making the order may direct and the proceeds of such sale or disposal (if any) shall be applied in like manner as penalties.
105. No conviction or order made in pursuance of
Exclusion of certiorari and validity of warrants.
this Act relative to any offence penalty forfeiture or summary order shall be quashed for want of form or be removed by
certiorari or otherwise either at the instance of the Crown or any private party into any superior court. Moreover no warrant of commitment in any such matter shall be held void by reason of any defect therein provided that there is a valid conviction to sustain such warrant and it is alleged in the warrant that the party has been convicted.
106. If any person is sued or prosecuted for any-
Protection of persons executing Act.
thing done by him in pursuance or execution or intended execution of this Act he may plead generally that the same was done in pursuance or execution or intended execution of this Act and give the special matter in evidence.
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Provision for protection of owners of licensed premises in case of offences committed by tenants.
107. Where any tenant of any licensed premises is convicted of an offence against this Act and such offence is one the repetition of which may render the premises liable to be disqualified from receiving a license for any period it shall be the duty of the clerk of petty sessions acting as clerk of the justices making the conviction to serve notice of every such conviction on the owner of the premises.
Notice to be given to owner of disqualification of premises.
108. Where any order declaring any licensed premises to be disqualified from receiving a license for any period has been made the justice making such order shall cause the same to be served on the owner of such premises where the owner is not the occupier with the addition of a statement that a court of petty sessions will be held at a time and place therein specified at which the owner may appear and appeal against such order on all or any of the following grounds but on no other grounds:—
| (I.) | That notice as required by this Act has not been served on the owner of a prior offence which on repetition renders the premises liable to be disqualified from receiving a license for some period. |
| (II.) | That the tenant by whom the offence was committed held under a contract made prior to the commencement of this Act and that the owner could not legally have evicted the tenant in the interval between the commission of the offence in respect of which the disqualifying order was made and the receipt by him of the notice of the immediately preceding offence which on repetition renders the premises liable to be disqualified from receiving a license at any period; or |
| (III.) | That the offence in respect of which the disqualifying order was made occurred so soon after the receipt of such last-mentioned notice that the owner notwithstanding he had
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legal power to evict the tenant could not with reasonable diligence have exercised that power in the interval which occurred between the said notice and the second offence. |
If the owner appear at the time and place specified and at such sessions or any adjournment thereof satisfy the court that he is entitled to have the order cancelled on any of the grounds aforesaid the court shall thereupon direct such order to be cancelled and the same shall be void.
109. All notices required by the preceding sections
to be served may be served by post and until the contrary is proved shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the letter containing the notice or document was prepaid and properly addressed.
110. Where under this Act any sum for costs and
expenses (other than costs upon a conviction or order of dismissal of an information) or for compensation or both is ordered or awarded to be paid by any person the amount thereof shall be recovered in manner provided as to procedure in summary jurisdiction for the recovery of costs awarded upon the dismissal of an information or complaint.
111. The fees for all licenses (except for new licenses)
Application of fines, fees, and penalties
granted in respect of premises situate in each respective municipal district, and for the purposes of this section the City of Melbourne and Town of Geelong shall be municipal districts, and the fines penalties and forfeitures incurred under this Act in respect of all offences adjudicated upon in each respective municipal district, and all brewers' and spirit merchants' registration fees in respect of premises situate in each respective municipal district, shall respectively be paid to the treasurer of such municipality, and after deducting there out in respect of the costs charges and
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expenses of and incidental to the working and carrying out the provisions of this Act a sum equal to Five pounds per centum upon the gross amount of such lees fines penalties and forfeitures shall form part of the municipal fund.
On or before the thirty-first day of March in each year the council of every municipality shall cause to be prepared and transmitted to the Treasurer of Victoria a true and detailed account of all moneys actually received for such municipality as and for such fees fines penalties and forfeitures during the year ending on the previous first day of January, and shall at the same time cause to be paid to such Treasurer a sum equal to the amount of the aforesaid per centage in respect of the costs charges and expenses aforesaid.
The fees for all new licenses and for licenses in respect of premises not in any municipal district respectively granted under this Act and the fines penalties and forfeitures incurred under this Act in respect of all offences adjudicated upon at places not in any municipal district and all brewers' and spirit merchants' registration fees in respect of premises not in any municipal district shall respectively be paid into the consolidated revenue and form part thereof!
For the purposes of this section a packet license shall be treated as issued in respect of premises situate at the place where the application is granted.
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legal power to evict the tenant could not with reasonable diligence have exercised that power in the interval which occurred between the said notice and the second offence.
expenses of and incidental to the working and carrying out the provisions of this Act a sum equal to Five pounds per centum upon the gross amount of such lees fines penalties and forfeitures shall form part of the municipal fund.