South Australian Consolidated Acts

SUMMARY PROCEDURE ACT 1921 - SECT 49

49—Complaint

        (1)         Where a person is suspected of having committed a summary offence, a complaint may be made in accordance with the rules charging that person with the offence.

        (2)         A complaint may be made by the complainant personally or by a legal practitioner or other person duly authorised to make the complaint on the complainant's behalf.

        (3)         If the complaint is made orally, it must be reduced to writing.

        (4)         A complaint need not be made on oath unless—

            (a)         some Special Act requires the complaint to be made on oath; or

            (b)         a warrant for the arrest of the defendant is to be issued.

        (5)         A complaint must be filed in the Court as soon as practicable after it is made.