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TASMANIA
__________
JUSTICE (MISCELLANEOUS
AMENDMENTS) BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Miscellaneous amendments
Schedule 1 Miscellaneous Amendments
[Bill 61]-III
2
JUSTICE (MISCELLANEOUS
AMENDMENTS) BILL 2003
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Acts Interpretation Act 1931,
the Associations Incorporation Act 1964, the
Coroners Act 1995, the Corrections Act 1997, the
Evidence Act 2001, the Evidence (Children and
Special Witnesses) Act 2001, the Justices Act 1959,
the Legal Profession Act 1993, the Magistrates Court
(Civil Division) Act 1992, the Police Offences Act 1935
and the Supreme Court Civil Procedure Act 1932
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Justice (Miscellaneous
Amendments) Act 2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 61] 3
s. 3 No. Justice (Miscellaneous Amendments) 2003
Miscellaneous amendments
3. The legislation specified in Schedule 1 is amended as
specified in that Schedule.
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2003 Justice (Miscellaneous Amendments) No. sch. 1
SCHEDULE 1 MISCELLANEOUS AMENDMENTS
Section 3
Acts Interpretation Act 1931
1. Section 41(1) is amended by inserting ", other than the
Crown" after "unincorporate".
2. Section 47(3) is amended as follows:
(a) by inserting in paragraph (a) "within 21 days
after the day on which they are made" after
"Gazette";
(b) by inserting in paragraph (b) "within 21 days
after the day on which they are made" after
"Gazette".
Associations Incorporation Act 1964
1. Section 3(2)(a) is amended by inserting ", section 31A"
after "section 25B(1)".
2. Section 24A(b) is amended by omitting "for Corporate
Affairs".
3. After section 31, the following section is inserted:
Administration of incorporated associations
31A. (1) The administration of an incorporated
association is declared to be an applied Corporations
legislation matter for the purposes of Part 3 of the
Corporations (Ancillary Provisions) Act 2001 in
relation to Part 5.3A (Administration of a company's
affairs with a view to executing a deed of company
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sch. 1 No. Justice (Miscellaneous Amendments) 2003
arrangement) of the Corporations Act, subject to the
following modifications:
(a) the modifications referred to in
subsection (2);
(b) such other modifications (within the
meaning of Part 3 of the Corporations
(Ancillary Provisions) Act 2001) as may
be prescribed by the regulations.
(2) The following modifications to the text of
the Corporations Act apply for the purposes of
subsection (1):
(a) a reference to a company or body is to be
read as a reference to an incorporated
association;
(b) a reference to the directors of a company
is to be read as a reference to the
members of the committee of an
incorporated association;
(c) a reference to the secretary of a company
is to be read as a reference to the public
officer of an incorporated association;
(d) a reference to the principal place of
business of a company is to be read as a
reference to the address of the public
officer of an incorporated association last
notified under this Act to the
Commissioner;
(e) a reference to a company carrying on
business or having a place of business is
to be read as a reference to an
incorporated association pursuing its
objects;
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2003 Justice (Miscellaneous Amendments) No. sch. 1
(f) a reference to ASIC is to be read as a
reference to the Commissioner;
(g) a reference to a document in the
prescribed form is to be read as a
reference to a document in the
corresponding form prescribed under the
Corporations Act with all necessary
modifications;
(h) a reference to the Court is to be read as
a reference to the Supreme Court;
(i) a reference to the lodgment of a
document is to be read as a reference to
lodgment of that document with the
Commissioner;
(j) a reference to a company's constitution
is to be read as a reference to an
incorporated association's rules;
(k) a reference to a special resolution is to
be read as a reference to a special
resolution within the meaning of this
Act;
(l) a reference to an officer of a company is
to be read as a reference to a member of
the committee of an incorporated
association and, where applicable, a
reference to a past officer is a reference
to a past member of the committee of an
incorporated association;
(m) a reference in section 446A to a
contributory of a company is to be read
as a reference to a member of an
incorporated association.
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sch. 1 No. Justice (Miscellaneous Amendments) 2003
Coroners Act 1995
1. After section 59, the following section is inserted in
Part 8:
Power of police to secure evidence for coroner
in an emergency
59A. (1) If a police officer reasonably believes that
(a) an article, substance or thing at a place
where a death, fire or explosion has
occurred is likely to have evidentiary
value in a coroner's investigation into
that death, fire or explosion; and
(b) there is a danger that the article,
substance or thing could be lost,
concealed or destroyed, or its evidentiary
value could be ruined or compromised, if
it is not immediately secured
the police officer, with assistance and using
reasonable force if necessary, may enter and inspect
the place and take possession of the article,
substance or thing.
(2) Subject to subsection (3)(a), a police officer
may exercise power under subsection (1) whether or
not a coroner is investigating the death, fire or
explosion at the relevant time.
(3) The following provisions apply to the
exercise of the power specified in subsection (1) if at
the relevant time a coroner is investigating the
death, fire or explosion:
(a) the power is to be exercised only if the
police officer reasonably believes that in
the circumstances it is impracticable to
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2003 Justice (Miscellaneous Amendments) No. sch. 1
obtain, or unsafe to wait for,
authorisation under section 59(3);
(b) as soon as practicable after exercising
the power, the police officer is to give the
coroner and the Chief Magistrate notice
and full particulars of the police officer's
action;
(c) except as may otherwise be provided by
an order in force under section 60(2), on
the giving of the notice referred to in
paragraph (b) the article, substance or
thing is in the legal custody, care and
control of the coroner.
(4) The following provisions apply to the
exercise of the power specified in subsection (1) if at
the relevant time a coroner is not investigating the
death, fire or explosion:
(a) the police officer may retain the article
substance or thing pending the
commencement of an investigation;
(b) if an investigation is commenced within
12 months of the power being exercised
(i) the police officer must
immediately give the coroner and
the Chief Magistrate notice and
full particulars of the police
officer's action; and
(ii) except as may otherwise be
provided by an order under
section 60(2), on the giving of the
notice the article, substance or
thing is in the legal custody, care
and control of the coroner;
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sch. 1 No. Justice (Miscellaneous Amendments) 2003
(c) if an investigation is not commenced
within 12 months of the power being
exercised, the article, substance or thing
is to be
(i) returned to the person from whom
it was taken or, if that person is
not legally entitled to take
possession of it, to the person who
is so entitled; or
(ii) disposed of as the Commissioner of
Police directs if it is illicit.
2. Section 60(2) is amended by omitting "section 59" and
substituting "section 59 or 59A".
3. Section 61(1) is amended by omitting "section 59" and
substituting "section 59 or 59A".
Corrections Act 1997
1. Section 22(5) is amended by inserting ", means and
assistance" after "force".
Evidence Act 2001
1. Section 3(1) is amended by inserting "125B," after
"125A, " in paragraph (a) of the definition of "sexual
offence".
2. Section 19(b) is amended by inserting "125B," after
"125A,".
3. Section 85A is amended as follows:
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2003 Justice (Miscellaneous Amendments) No. sch. 1
(a) by omitting from subsection (1)(a) "a
videotape" and substituting "an audio visual
record";
(b) by omitting from subsection (1)(b) "a
videotape" twice occurring and substituting
"an audio visual record";
(c) by omitting from subsection (1)(c) "the
videotape" and substituting "an audio visual
record";
(d) by omitting from subsection (2)(a) "videotape
it;" and substituting "make an audio visual
record of it;";
(e) by omitting from subsection (2)(b) "videotape"
and substituting "make an audio visual record
of";
(f) by omitting from subsection (2)(c) "the
interview being videotaped;" and substituting
"an audio visual record being made of the
interview;";
(g) by omitting from subsection (2)(d) "videotape"
and substituting "make an audio visual record
of".
4. Section 194K(1)(a)(i) is amended by inserting "125B,"
after "125A,".
Evidence (Children and Special Witnesses) Act
2001
1. Section 3 is amended as follows:
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sch. 1 No. Justice (Miscellaneous Amendments) 2003
(a) by inserting "125B," after "125A," in
paragraph (b)(i) of the definition of "affected
child";
(b) by inserting "125B," after "125A," in
paragraph (b) of the definition of "prescribed
proceeding".
Justices Act 1959
1. Section 3(1) is amended by inserting "125B," after
"125A," in paragraph (a) of the definition of "affected
person".
2. Section 69A is amended as follows:
(a) by omitting from subsection (2) "affected child"
and substituting "affected person";
(b) by omitting from subsection (2A) "affected
child" and substituting "affected person";
(c) by omitting from subsection (2B) "affected
child" and substituting "affected person";
(d) by omitting from subsection (2B) "the child."
and substituting "that affected person.".
3. Schedule 3 is amended by inserting in clause 1 of Part I
"137," after "127,".
Legal Profession Act 1993
1. Section 54 is amended as follows:
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2003 Justice (Miscellaneous Amendments) No. sch. 1
(a) by omitting paragraph (d) from subsection (1)
and substituting the following paragraph:
(d) on behalf or in the name of
another person, take out any writ
or process or commence, carry on,
solicit, defend or appear in any
action or other proceeding; or
(b) by omitting paragraph (d) from subsection (2)
and substituting the following paragraph:
(d) acting on his or her own behalf in
any legal proceedings or matters;
or
Magistrates Court (Civil Division) Act 1992
1. After section 35, the following section is inserted in
Part 7:
Expert reports
35A. (1) The Court may refer a question arising in
any proceedings for investigation and report by a
person with expertise in relation to that question.
(2) The expert to whom the question is
referred becomes, for the purposes of the
investigation, an officer of the Court and may
exercise such of the Court's powers as it delegates to
that expert.
(3) The Court may adopt the expert's report in
whole or in part.
(4) Notwithstanding section 33, the costs of
the expert's investigation and report are to be borne,
in the first instance, equally by the parties or in such
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sch. 1 No. Justice (Miscellaneous Amendments) 2003
other proportions as the Court may direct, but the
Court may subsequently order that a party be
reimbursed wholly or in part by another party for
costs incurred pursuant to this subsection.
Police Offences Act 1935
1. Section 3(1) is amended by inserting "125B," after
"125A," in paragraph (b) of the definition of "sexual
offence".
Supreme Court Civil Procedure Act 1932
1. Section 34(2) is amended by omitting "rule 16 of Order
47 of Part I of the Rules of Court." and substituting "the
Rules of Court.".
14 Government Printer, Tasmania