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TASMANIA
__________
JUSTICE AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2008
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 ADMINISTRATION AND PROBATE ACT 1935 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 40 amended (Powers of personal representative as to
appropriation)
PART 3 ANTI-DISCRIMINATION ACT 1998 AMENDED
6. Principal Act
7. Section 109 amended (Regulations)
PART 4 BILLS OF SALE ACT 1900 AMENDED
8. Principal Act
9. Section 33 amended (Power of Court to decide construction of
bill of sale)
PART 5 CIVIL LIABILITY ACT 2002 AMENDED
10. Principal Act
11. Section 28B amended (Damages for gratuitous services)
[Bill 27]-VIII
PART 6 CIVIL PROCESS ACT 1870 AMENDED
12. Principal Act
13. Section 2 substituted
2. Judges to make rules
PART 7 COMMUNITY PROTECTION (OFFENDER REPORTING)
ACT 2005 AMENDED
14. Principal Act
15. Section 50A inserted
50A. Appeals
PART 8 CRIMINAL CODE ACT 1924 AMENDED
16. Principal Act
17. Section 12 amended (Rules of Court)
18. Schedule 1 amended (Criminal Code)
PART 9 FATAL ACCIDENTS ACT 1934 AMENDED
19. Principal Act
20. Section 3 amended (Interpretation)
21. Section 10 amended (Assessing damages)
22. Schedule 1 repealed
PART 10 FREEDOM OF INFORMATION ACT 1991 AMENDED
23. Principal Act
24. Section 32A inserted
32A. Information relating to functions of Director of
Public Prosecutions
PART 11 GUARDIANSHIP AND CUSTODY OF INFANTS ACT 1934
AMENDED
25. Principal Act
26. Section 19 amended (Rules as to procedure)
PART 12 HEALTH COMPLAINTS ACT 1995 AMENDED
27. Principal Act
28. Section 15 amended (Appointment of conciliators and
professional mentors)
2
PART 13 JUDICIAL REVIEW ACT 2000 AMENDED
29. Principal Act
30. Schedule 1 amended (Decisions to which Act does not apply)
PART 14 JURIES ACT 2003 AMENDED
31. Principal Act
32. Section 67 amended (Rules of Court)
PART 15 JUSTICES ACT 1959 AMENDED
33. Principal Act
34. Section 124 amended (Rules of court)
PART 16 LANDLORD AND TENANT ACT 1935 AMENDED
35. Principal Act
36. Section 49 amended (Charges for distraining)
PART 17 MAGISTRATES COURT (CIVIL DIVISION) ACT 1992
AMENDED
37. Principal Act
38. Section 31A amended (Enforcement of judgments and orders)
PART 18 PUBLIC TRUSTEE ACT 1930 AMENDED
39. Principal Act
40. Section 75 amended (Power of judges to make rules)
PART 19 SENTENCING ACT 1997 AMENDED
41. Principal Act
42. Section 27Y substituted
27Y. Expiry of operation of Part
PART 20 TELECOMMUNICATIONS (INTERCEPTION) TASMANIA
ACT 1999 AMENDED
43. Principal Act
44. Section 3 amended (Interpretation)
45. Section 6 amended (Documents to be given to Minister)
3
PART 21 TERRORISM (PREVENTATIVE DETENTION) ACT 2005
AMENDED
46. Principal Act
47. Section 24 amended (Release of person from preventative
detention)
PART 22 TRUSTEE ACT 1898 AMENDED
48. Principal Act
49. Section 62 amended (Power of judges to make rules under this
Act)
4
JUSTICE AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2008
(Brought in by the Minister for Justice, the Honourable David
Edward Llewellyn)
A BILL FOR
An Act to amend the Administration and Probate Act 1935,
the Anti-Discrimination Act 1998, the Bills of Sale Act 1900,
the Civil Liability Act 2002, the Civil Process Act 1870, the
Community Protection (Offender Reporting) Act 2005, the
Criminal Code Act 1924, the Fatal Accidents Act 1934, the
Freedom of Information Act 1991, the Guardianship and
Custody of Infants Act 1934, the Health Complaints Act
1995, the Judicial Review Act 2000, the Juries Act 2003, the
Justices Act 1959, the Landlord and Tenant Act 1935, the
Magistrates Court (Civil Division) Act 1992, the Public
Trustee Act 1930, the Sentencing Act 1997, the
Telecommunications (Interception) Tasmania Act 1999, the
Terrorism (Preventative Detention) Act 2005 and the Trustee
Act 1898
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:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Justice and Related
Legislation (Miscellaneous Amendments) Act
2008.
[Bill 27] 5
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
s. 2 Part 1 Preliminary
2. Commencement
(1) Except as provided in this section, this Act
commences on the day on which this Act
receives the Royal Assent.
(2) Part 5 is taken to have commenced on
15 December 2005.
6
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
Part 2 Administration and Probate Act 1935 Amended s. 3
PART 2 ADMINISTRATION AND PROBATE ACT
1935 AMENDED
3. Principal Act
In this Part, the Administration and Probate Act
1935* is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting "judges" from the definition
of "Probate Rules" in subsection (1) and
substituting "judges, or a majority of
them,";
(b) by inserting the following subsections
after subsection (4):
(5) Any prescribed Probate Rules
continue in force as if duly made
under this Act as amended by the
Justice and Related Legislation
(Miscellaneous Amendments) Act
2008.
(6) For the purposes of
subsection (5)
*No. 38 of 1935
7
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
s. 5 Part 2 Administration and Probate Act 1935 Amended
"prescribed Probate Rules"
means Probate Rules and
any amendment to the
Probate Rules
(a) made under this Act as in
force before the
commencement of the
Justice and Related
Legislation
(Miscellaneous
Amendments) Act 2008;
and
(b) in force immediately
before the commencement
of that Act.
5. Section 40 amended (Powers of personal
representative as to appropriation)
Section 40(1)(d) of the Principal Act is amended
by omitting "appointed under that Act," and
substituting "appointed,".
8
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
Part 3 Anti-Discrimination Act 1998 Amended s. 6
PART 3 ANTI-DISCRIMINATION ACT 1998
AMENDED
6. Principal Act
In this Part, the Anti-Discrimination Act 1998* is
referred to as the Principal Act.
7. Section 109 amended (Regulations)
Section 109 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) Without limiting the generality of
subsection (1), the regulations may
provide for fees payable in respect of any
application under this Act other than an
application under Division 4 of Part 6.
*No. 46 of 1998
9
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
s. 8 Part 4 Bills of Sale Act 1900 Amended
PART 4 BILLS OF SALE ACT 1900 AMENDED
8. Principal Act
In this Part, the Bills of Sale Act 1900* is
referred to as the Principal Act.
9. Section 33 amended (Power of Court to decide
construction of bill of sale)
Section 33 of the Principal Act is amended by
omitting "judges" and substituting "judges, or a
majority of them,".
*No. 70 of 1900
10
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
Part 5 Civil Liability Act 2002 Amended s. 10
PART 5 CIVIL LIABILITY ACT 2002 AMENDED
10. Principal Act
In this Part, the Civil Liability Act 2002* is
referred to as the Principal Act.
11. Section 28B amended (Damages for gratuitous
services)
Section 28B of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "only";
(b) by inserting the following subsection
after subsection (3):
(4) Nothing in this section prevents
the award of damages under the
Fatal Accidents Act 1934 for the
loss of gratuitous services
provided by a person whose death
is caused by a wrongful act,
neglect or default, within the
meaning of that Act.
*No. 54 of 2002
11
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
s. 12 Part 6 Civil Process Act 1870 Amended
PART 6 CIVIL PROCESS ACT 1870 AMENDED
12. Principal Act
In this Part, the Civil Process Act 1870* is
referred to as the Principal Act.
13. Section 2 substituted
Section 2 of the Principal Act is repealed and the
following section is substituted:
2. Judges to make rules
(1) The judges, or a majority of them, are to
make Rules of Court
(a) providing for the fees payable to
the Sheriff, or the sheriff's
officers, for the execution of civil
process; and
(b) specifying whether the Sheriff or
the Sheriff's officers may receive
or retain any of those fees for
personal use.
(2) Any prescribed tables of fees continue in
force as if they were Rules of Court duly
made under this section as substituted by
the Justice and Related Legislation
(Miscellaneous Amendments) Act 2008.
*No. 17 of 1870
12
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
Part 6 Civil Process Act 1870 Amended s. 13
(3) For the purposes of subsection (2)
"prescribed tables of fees" means
tables of fees and general rules
(a) made under this section as in
force before the commencement
of the Justice and Related
Legislation (Miscellaneous
Amendments) Act 2008; and
(b) in force immediately before the
commencement of that Act.
13
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
s. 14 Part 7 Community Protection (Offender Reporting) Act 2005 Amended
PART 7 COMMUNITY PROTECTION (OFFENDER
REPORTING) ACT 2005 AMENDED
14. Principal Act
In this Part, the Community Protection (Offender
Reporting) Act 2005* is referred to as the
Principal Act.
15. Section 50A inserted
After section 50 of the Principal Act, the
following section is inserted in Part 5:
50A. Appeals
(1) An offender reporting order made by the
Supreme Court under this Act may be
appealed against in the Court of Criminal
Appeal as if that order were a sentence
imposed on conviction.
(2) An appeal against an offender reporting
order may be made by the prosecution or
the person against whom the offender
reporting order has been made.
(3) On an appeal against an offender
reporting order, the Court of Criminal
Appeal may affirm, quash or vary the
order.
*No. 61 of 2005
14
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
Part 7 Community Protection (Offender Reporting) Act 2005 Amended s. 15
(4) Nothing in this section restricts or affects
any right of appeal that a person would
have apart from this section.
15
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
s. 16 Part 8 Criminal Code Act 1924 Amended
PART 8 CRIMINAL CODE ACT 1924 AMENDED
16. Principal Act
In this Part, the Criminal Code Act 1924* is
referred to as the Principal Act.
17. Section 12 amended (Rules of Court)
Section 12 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "judges"
and substituting "judges, or a majority of
them,";
(b) by omitting from subsection (1) "the
Code; and such rules may provide for all
matters relating to procedure and practice
on appeals to the Court of Criminal
Appeal on questions reserved for the
consideration and determination of that
Court, or referred to that Court, pursuant
to Chapter XLII of the Code, and in all
proceedings before courts of trial, and all
matters incidental thereto respectively."
and substituting "the Code.";
(c) by inserting the following subsection
after subsection (1):
*No. 69 of 1924
16
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
Part 8 Criminal Code Act 1924 Amended s. 17
(1A) The Rules of Court may provide
for
(a) all matters relating to
procedure and practice
(i) on appeals to the
Court of Criminal
Appeal on
questions reserved
for the
consideration and
determination of
that Court, or
referred to that
Court, pursuant to
Chapter XLII of
the Code; and
(ii) on or after the
committal of a
defendant to the
Supreme Court for
sentence or trial;
and
(iii) in all proceedings
before courts of
trial; and
(b) all incidental matters.
17
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
s. 18 Part 8 Criminal Code Act 1924 Amended
18. Schedule 1 amended (Criminal Code)
Schedule 1 to the Principal Act is amended as
follows:
(a) by omitting "organs." from paragraph (d)
of the definition of "female genital
mutilation" in section 1 and substituting
"organs;";
(b) by omitting from section 26A(1)(b) "it";
(c) by omitting from section 328 "law
officer" and substituting "Law Officer";
(d) by omitting subparagraph (iii) from
section 339A(f);
(e) by omitting "committed for trial; or"
from paragraph (a) of the definition of
"the prescribed period" in section
368A(8) and substituting "so informed of
those requirements; or".
18
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
Part 9 Fatal Accidents Act 1934 Amended s. 19
PART 9 FATAL ACCIDENTS ACT 1934 AMENDED
19. Principal Act
In this Part, the Fatal Accidents Act 1934* is
referred to as the Principal Act.
20. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
omitting the definition of "partner" and
substituting the following definition:
"partner", in relation to a person, means an
individual who, at the time when a
wrongful act, neglect or default occurred
in respect of the person, was in a
personal relationship, within the meaning
of the Relationships Act 2003, with the
person;
21. Section 10 amended (Assessing damages)
Section 10(1)(b) of the Principal Act is amended
by omitting "$10 000" and substituting
"$250 000".
*No. 30 of 1934
19
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
s. 22 Part 9 Fatal Accidents Act 1934 Amended
22. Schedule 1 repealed
Schedule 1 to the Principal Act is repealed.
20
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
Part 10 Freedom of Information Act 1991 Amended s. 23
PART 10 FREEDOM OF INFORMATION ACT 1991
AMENDED
23. Principal Act
In this Part, the Freedom of Information Act
1991* is referred to as the Principal Act.
24. Section 32A inserted
After section 32 of the Principal Act, the
following section is inserted in Part 3:
32A. Information relating to functions of Director
of Public Prosecutions
(1) In this section
"Director" means the person holding,
or acting in, the office of Director
of Public Prosecutions
established by section 3(1) of the
Director of Public Prosecutions
Act 1973.
(2) Information is exempt information if
(a) it is in the possession of the
Director or a person whose
services are provided or procured
for the purposes of assisting the
Director in the performance of
*No. 22 of 1991
21
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
s. 24 Part 10 Freedom of Information Act 1991 Amended
the Director's functions under the
Director of Public Prosecutions
Act 1973; and
(b) it relates to the performance of
those functions.
22
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
Part 11 Guardianship and Custody of Infants Act 1934 Amended s. 25
PART 11 GUARDIANSHIP AND CUSTODY OF
INFANTS ACT 1934 AMENDED
25. Principal Act
In this Part, the Guardianship and Custody of
Infants Act 1934* is referred to as the Principal
Act.
26. Section 19 amended (Rules as to procedure)
Section 19 of the Principal Act is amended by
omitting "judges" and substituting "judges, or a
majority of them,".
*No. 29 of 1934
23
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
s. 27 Part 12 Health Complaints Act 1995 Amended
PART 12 HEALTH COMPLAINTS ACT 1995
AMENDED
27. Principal Act
In this Part, the Health Complaints Act 1995* is
referred to as the Principal Act.
28. Section 15 amended (Appointment of conciliators
and professional mentors)
Section 15 of the Principal Act is amended by
omitting subsection (3).
*No. 95 of 1995
24
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
Part 13 Judicial Review Act 2000 Amended s. 29
PART 13 JUDICIAL REVIEW ACT 2000 AMENDED
29. Principal Act
In this Part, the Judicial Review Act 2000* is
referred to as the Principal Act.
30. Schedule 1 amended (Decisions to which Act does
not apply)
Schedule 1 to the Principal Act is amended by
inserting after item 4 the following items:
5. A decision made under the Coroners Act
1995.
6. A decision made by the Tasmanian
Industrial Commission, or a member of
the Tasmanian Industrial Commission,
under the Industrial Relations Act 1984.
*No. 54 of 2000
25
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
s. 31 Part 14 Juries Act 2003 Amended
PART 14 JURIES ACT 2003 AMENDED
31. Principal Act
In this Part, the Juries Act 2003* is referred to as
the Principal Act.
32. Section 67 amended (Rules of Court)
Section 67 of the Principal Act is amended by
omitting "Court" first occurring and substituting
"Court, or a majority of them,".
*No. 48 of 2003
26
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
Part 15 Justices Act 1959 Amended s. 33
PART 15 JUSTICES ACT 1959 AMENDED
33. Principal Act
In this Part, the Justices Act 1959* is referred to
as the Principal Act.
34. Section 124 amended (Rules of court)
Section 124 of the Principal Act is amended by
omitting "judges" and substituting "judges, or a
majority of them,".
*No. 77 of 1959
27
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
s. 35 Part 16 Landlord and Tenant Act 1935 Amended
PART 16 LANDLORD AND TENANT ACT 1935
AMENDED
35. Principal Act
In this Part, the Landlord and Tenant Act 1935*
is referred to as the Principal Act.
36. Section 49 amended (Charges for distraining)
Section 49(2) of the Principal Act is amended by
omitting "judges" and substituting "judges, or a
majority of them,".
*No. 42 of 1935
28
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
Part 17 Magistrates Court (Civil Division) Act 1992 Amended s. 37
PART 17 MAGISTRATES COURT (CIVIL DIVISION)
ACT 1992 AMENDED
37. Principal Act
In this Part, the Magistrates Court (Civil
Division) Act 1992* is referred to as the
Principal Act.
38. Section 31A amended (Enforcement of judgments
and orders)
Section 31A of the Principal Act is amended by
omitting "orders." and substituting "orders,
unless otherwise provided by the rules of court.".
*No. 27 of 1992
29
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
s. 39 Part 18 Public Trustee Act 1930 Amended
PART 18 PUBLIC TRUSTEE ACT 1930 AMENDED
39. Principal Act
In this Part, the Public Trustee Act 1930* is
referred to as the Principal Act.
40. Section 75 amended (Power of judges to make rules)
Section 75 of the Principal Act is amended by
omitting "judges" and substituting "judges, or a
majority of them,".
*No. 61 of 1930
30
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
Part 19 Sentencing Act 1997 Amended s. 41
PART 19 SENTENCING ACT 1997 AMENDED
41. Principal Act
In this Part, the Sentencing Act 1997* is referred
to as the Principal Act.
42. Section 27Y substituted
Section 27Y of the Principal Act is repealed and
the following section is substituted:
27Y. Expiry of operation of Part
(1) In this section
"current prescribed date" means the
prescribed date that has most
recently been prescribed as the
prescribed date;
"prescribed date" means
(a) a date that is prescribed in
the regulations in
accordance with this
section as in force
immediately before the
commencement of the
Justice and Related
Legislation
(Miscellaneous
*No. 59 of 1997
31
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
s. 42 Part 19 Sentencing Act 1997 Amended
Amendments) Act 2008;
or
(b) a date that is prescribed in
the regulations in
accordance with
subsection (2).
(2) The regulations may prescribe a date
after which a court must not make a drug
treatment order under this Part if those
regulations take effect before the current
prescribed date passes.
(3) Despite section 7(ab), a court must not
make a drug treatment order under this
Part after the current prescribed date.
32
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
Part 20 Telecommunications (Interception) Tasmania Act 1999 Amended s. 43
PART 20 TELECOMMUNICATIONS
(INTERCEPTION) TASMANIA ACT 1999 AMENDED
43. Principal Act
In this Part, the Telecommunications
(Interception) Tasmania Act 1999* is referred to
as the Principal Act.
44. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
omitting "Telecommunications (Interception)
Act 1979;" from the definition of
"Commonwealth Act" and substituting
"Telecommunications (Interception and Access)
Act 1979 of the Commonwealth;".
45. Section 6 amended (Documents to be given to
Minister)
Section 6(d)(i) of the Principal Act is amended
by omitting "Part IX" and substituting "Part 2-
8".
*No. 36 of 1999
33
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
s. 46 Part 21 Terrorism (Preventative Detention) Act 2005 Amended
PART 21 TERRORISM (PREVENTATIVE
DETENTION) ACT 2005 AMENDED
46. Principal Act
In this Part, the Terrorism (Preventative
Detention) Act 2005* is referred to as the
Principal Act.
47. Section 24 amended (Release of person from
preventative detention)
Section 24(3)(b) of the Principal Act is amended
by omitting "section 34D" and substituting
"section 34E".
*No. 71 of 2005
34
Justice and Related Legislation (Miscellaneous Amendments) Act
2008
Act No. of
Part 22 Trustee Act 1898 Amended s. 48
PART 22 TRUSTEE ACT 1898 AMENDED
48. Principal Act
In this Part, the Trustee Act 1898* is referred to
as the Principal Act.
49. Section 62 amended (Power of judges to make rules
under this Act)
Section 62 of the Principal Act is amended by
omitting "judges" and substituting "judges, or a
majority of them,".
*No. 34 of 1898
Government Printer, Tasmania 35