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Clause 96

provides that a committal proceeding must be held where the accused is charged with an indictable offence. The exception is cases where the charge is heard and determined summarily or a direct indictment is filed by the DPP pursuant to common law or clause 161. Clause 28 indicates when an indictable offence may be heard and determined summarily. Legislation governing committal proceedings is currently located in Schedule 5 to the Magistrates' Court Act 1989. In this Bill, a committal proceeding refers to the whole committal process unlike Schedule 5 to the Magistrates' Court Act 1989 which sometimes uses a committal proceeding to refer to a committal hearing.