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TASMANIA
__________
JUSTICE AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL
2004
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 ADMISSION TO COURTS ACT 1916 AMENDED
3. Principal Act
4. Section 2 amended (Regulations)
PART 3 ANTI-DISCRIMINATION ACT 1998 AMENDED
5. Principal Act
6. Section 3 amended (Interpretation)
7. Section 22 amended (Areas of activity)
8. Section 68 amended (Withdrawal of complaints)
9. Section 72 amended (Review of rejection or dismissal)
10. Section 86A inserted
86A. Security for costs
11. Section 90 amended (Enforcement of orders)
12. Section 95 substituted
95. Costs
[Bill 55]-VIII
13. Section 99 amended (Dismissal of complaint)
14. Section 99A inserted
99A. Order for costs
15. Section 103 substituted
103. Immunities
103A. Commissioner and Tribunal members not
required to give evidence in certain cases
PART 4 CORONERS ACT 1995 AMENDED
16. Principal Act
17. Section 29 amended (Record of investigation)
18. Section 32 amended (Certificate of burial)
19. Section 46 amended (Record of findings and comments)
20. Section 58 substituted
PART 7A Review
58. Chief Magistrate may reopen investigation
58A. Supreme Court may order inquest findings void,
&c.
21. Section 64 substituted
64. Coroner not required to give evidence in certain
cases
22. Section 68 amended (Manner of making applications)
PART 5 CORRECTIONS ACT 1997 AMENDED
23. Principal Act
24. Schedule 1 substituted
SCHEDULE 1 PRISON OFFENCES
PART 6 CRIMINAL CODE AMENDMENT (LIFE
PRISONERS AND DANGEROUS CRIMINALS) ACT 1994
AMENDED
25. Principal Act
26. Section 9 amended (Resentencing)
PART 7 EVIDENCE (CHILDREN AND SPECIAL
WITNESSES) ACT 2001 AMENDED
27. Principal Act
2
28. Section 3 amended (Interpretation)
PART 8 FORENSIC PROCEDURES ACT 2000
AMENDED
29. Principal Act
30. Section 57 amended (Registration of orders)
PART 9 FREEDOM OF INFORMATION ACT 1991
AMENDED
31. Principal Act
32. Section 22 amended (Reasons, &c., to be given)
33. Section 28A inserted
28A. Information affecting national security, defence
or international relations
PART 10 JUSTICES ACT 1959 AMENDED
34. Principal Act
35. Section 3 amended (Interpretation)
36. Section 56A amended (Procedure when brought before
justices)
37. Section 71 amended (Petty crimes triable summarily)
38. Section 72 amended (Other crimes triable summarily)
39. Section 74A amended (Procedure where defendant not
represented)
40. Section 141 amended (Payment of fees)
PART 11 MAGISTRATES COURT (CIVIL DIVISION)
ACT 1992 AMENDED
41. Principal Act
42. Section 38A inserted
38A. Reduction or waiver of fee, &c.
PART 12 MAGISTRATES COURT ACT 1987 AMENDED
43. Principal Act
44. Section 10B amended (Magistrates not required to give
evidence in certain cases)
3
PART 13 SENTENCING ACT 1997 AMENDED
45. Principal Act
46. Section 15 amended (Custodial sentence: whether
concurrent or cumulative)
PART 14 SUPREME COURT CIVIL PROCEDURE ACT
1932 AMENDED
47. Principal Act
48. Section 3 amended (Interpretation)
4
JUSTICE AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL
2004
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Admission to Courts Act 1916,
the Anti-Discrimination Act 1998, the Coroners Act
1995, the Corrections Act 1997, the Criminal Code
Amendment (Life Prisoners and Dangerous
Criminals) Act 1994, the Evidence (Children and
Special Witnesses) Act 2001, the Forensic Procedures
Act 2000, the Freedom of Information Act 1991, the
Justices Act 1959, the Magistrates Court (Civil
Division) Act 1992, the Magistrates Court Act 1987,
the Sentencing Act 1997 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:
PART 1 PRELIMINARY
Short title
1. This Act may be cited as the Justice and Related
Legislation (Miscellaneous Amendments) Act 2004.
[Bill 55] 5
s. 2 No. Justice and Related Legislation 2004
(Miscellaneous Amendments)
Commencement
2. (1) This Act, except Parts 4 and 5, commences on the
day on which this Act receives the Royal Assent.
(2) Part 4 commences 30 days after the day on which
this Act receives the Royal Assent.
(3) Part 5 commences 3 months after the day on
which this Act receives the Royal Assent.
6
2004 Justice and Related Legislation No. s. 3
(Miscellaneous Amendments)
PART 2 ADMISSION TO COURTS ACT 1916
AMENDED
Principal Act
3. In this Part, the Admission to Courts Act 1916* is
referred to as the Principal Act.
Section 2 amended (Regulations)
4. Section 2(2)(c) of the Principal Act is amended by
omitting "to be dangerous" and substituting "is likely to
adversely affect the security, good order or management of
the court".
*No. 12 of 1916
7
s. 5 No. Justice and Related Legislation 2004
(Miscellaneous Amendments)
PART 3 ANTI-DISCRIMINATION ACT 1998
AMENDED
Principal Act
5. In this Part, the Anti-Discrimination Act 1998* is
referred to as the Principal Act.
Section 3 amended (Interpretation)
6. Section 3 of the Principal Act is amended as follows:
(a) by omitting "or" second occurring from
paragraph (b) of the definition of "family
responsibilities";
(b) by omitting paragraph (c) from the definition
of "family responsibilities";
(c) by inserting "or partner" after "spouse" in
paragraph (a) of the definition of "immediate
family member";
(d) by inserting "or partner" after "spouse" in
paragraph (b) of the definition of "immediate
family member";
(e) by inserting the following definition after the
definition of "parental status":
"partner" means a partner within the
meaning of the Relationships Act
2003;
*No. 46 of 1998
8
2004 Justice and Related Legislation No. s. 7
(Miscellaneous Amendments)
Section 22 amended (Areas of activity)
7. Section 22(1) of the Principal Act is amended as follows:
(a) by inserting "by or" after "hatred,";
(b) by omitting from paragraph (f) "and" and
substituting "or";
(c) by omitting from paragraph (g) "and" and
substituting "or".
Section 68 amended (Withdrawal of complaints)
8. Section 68(4)(c) of the Principal Act is amended by
omitting "section 95" and substituting "section 99A".
Section 72 amended (Review of rejection or
dismissal)
9. Section 72(2) of the Principal Act is amended by
omitting "or dismissal".
Section 86A inserted
10. After section 86 of the Principal Act, the following
section is inserted in Division 4:
Security for costs
86A. (1) On the application of a party to an inquiry
or review, the Tribunal may at any time order
(a) that another party to the inquiry or
review give security for the applicant's
costs within the time specified in the
order; and
9
s. 11 No. Justice and Related Legislation 2004
(Miscellaneous Amendments)
(b) if the Tribunal thinks fit, that
proceedings in the inquiry or review be
stayed until the security is given.
(2) If the security for the applicant's costs is
not given within the time specified in the order, the
Tribunal may make an order dismissing the
complaint as against the applicant.
Section 90 amended (Enforcement of orders)
11. Section 90 of the Principal Act is amended as follows:
(a) by inserting in subsection (1)(c) "or agreement"
after "order";
(b) by inserting in subsection (2) "or agreement"
after "Tribunal".
Section 95 substituted
12. Section 95 of the Principal Act is repealed and the
following section is substituted:
Costs
95. Subject to section 99A, each party to an inquiry
is to pay his or her own costs.
Section 99 amended (Dismissal of complaint)
13. Section 99 of the Principal Act is amended by omitting
subsection (2) and substituting the following subsection:
(2) The Tribunal may dismiss a complaint at
any time if it is satisfied that
10
2004 Justice and Related Legislation No. s. 14
(Miscellaneous Amendments)
(a) the complaint is trivial, vexatious,
misconceived or lacking in substance; or
(b) dismissing the complaint would, for
some other reason, be just and
appropriate.
Section 99A inserted
14. After section 99 of the Principal Act, the following
section is inserted in Division 5:
Order for costs
99A. The Tribunal may make an order as to costs in
relation to any inquiry or review before it if the
Tribunal considers circumstances justify the order.
Section 103 substituted
15. Section 103 of the Principal Act is repealed and the
following sections are substituted:
Immunities
103. (1) The Commissioner and the chairperson and
members of the Tribunal have, in exercising any
power or performing any function of their respective
offices, the same immunity as a judge of the
Supreme Court.
(2) Subsection (1) has effect notwithstanding
the Statutory Authorities (Protection from Liability
of Members) Act 1993.
(3) A person acting for or at the direction of
the Commissioner or the chairperson or a member of
the Tribunal is not personally liable for an honest
11
s. 15 No. Justice and Related Legislation 2004
(Miscellaneous Amendments)
act or omission done or made in the exercise or
purported exercise of a power, or in the performance
or purported performance of a function, under this
Act.
Commissioner and Tribunal members not
required to give evidence in certain cases
103A. The Commissioner and the chairperson and
members of the Tribunal are not compellable
witnesses before a court or tribunal, or in any
judicial or other proceedings, in respect of anything
that came to their knowledge in exercising and
performing their respective powers and functions
under this Act.
12
2004 Justice and Related Legislation No. s. 16
(Miscellaneous Amendments)
PART 4 CORONERS ACT 1995 AMENDED
Principal Act
16. In this Part, the Coroners Act 1995* is referred to as
the Principal Act.
Section 29 amended (Record of investigation)
17. Section 29(1) of the Principal Act is amended by
omitting "in the prescribed form".
Section 32 amended (Certificate of burial)
18. Section 32(1) of the Principal Act is amended by
omitting "in the prescribed form".
Section 46 amended (Record of findings and
comments)
19. Section 46(1) of the Principal Act is amended by
omitting "in the prescribed form".
Section 58 substituted
20. Section 58 of the Principal Act is repealed and the
following Part is substituted:
*No. 73 of 1995
13
s. 20 No. Justice and Related Legislation 2004
(Miscellaneous Amendments)
PART 7A REVIEW
Chief Magistrate may reopen investigation
58. (1) The Chief Magistrate may reopen an
investigation and re-examine some or all of its
findings, or direct another coroner to do so, if the
Chief Magistrate is satisfied that
(a) the investigation was or may have been
tainted by fraud; or
(b) the investigation was not sufficiently
thorough or was compromised by
evidentiary or procedural irregularity; or
(c) there are mistakes in the record of the
findings; or
(d) new facts or evidence affecting the
findings have come to light; or
(e) the findings were not supported by the
evidence; or
(f) there is another compelling reason to
reopen the investigation.
(2) The Chief Magistrate's power under
subsection (1) may be exercised on
(a) the Chief Magistrate's own initiative; or
(b) the application of a person who the Chief
Magistrate considers has a sufficient
interest in the findings of the
investigation.
(3) However, the Chief Magistrate is not to
exercise power under subsection (1) if an application
under section 58A in respect of the investigation
14
2004 Justice and Related Legislation No. s. 20
(Miscellaneous Amendments)
(a) is before the Supreme Court; or
(b) has been rejected by the Supreme Court
and the Chief Magistrate's reasons for
exercising the power would be the same
or substantially the same as the grounds
of that application.
(4) A coroner who is directed to reopen an
investigation under this section may, but need not
be, the same coroner who conducted the
investigation.
(5) A coroner who is re-examining some or all
of the findings of an investigation that has been
reopened under this section may do any of the
following:
(a) affirm the findings;
(b) quash the findings;
(c) vary the findings.
(6) Subsection (5) does not prevent the coroner
from exercising any other power or performing any
other function under this Act in respect of the
reopened investigation.
(7) A person may appeal to the Supreme Court
if the Chief Magistrate refuses an application made
by the person under subsection (2)(b) seeking the
reopening of an investigation other than an inquest.
(8) On hearing the appeal, the Supreme Court
may
(a) affirm the Chief Magistrate's decision; or
(b) quash the Chief Magistrate's decision.
15
s. 20 No. Justice and Related Legislation 2004
(Miscellaneous Amendments)
(9) If subsection (8)(b) applies, the Supreme
Court
(a) is to order the Chief Magistrate to
exercise power under subsection (1) in
accordance with such directions as the
court may specify in the order; and
(b) may make such further orders as the
court thinks fit in the circumstances.
Supreme Court may order inquest findings
void, &c.
58A. (1) Any person may apply to the Supreme
Court for an order that all or any of the findings of
an inquest are void.
(2) Subsection (1) has effect even if the Chief
Magistrate has refused an application by any person
to reopen the inquest under section 58.
(3) On an application under subsection (1), the
Supreme Court may make the order applied for if
the court is satisfied that
(a) the inquest was or may have been
tainted by fraud; or
(b) the inquest was not sufficiently
thorough or was compromised by
evidentiary or procedural irregularity; or
(c) there are mistakes in the record of the
findings; or
(d) new facts or evidence affecting the
findings have come to light; or
16
2004 Justice and Related Legislation No. s. 21
(Miscellaneous Amendments)
(e) the findings were not supported by the
evidence; or
(f) there is another compelling reason to
reopen the inquest.
(4) If the Supreme Court orders that all or any
of the findings of the inquest are void, it is to further
order the Chief Magistrate to
(a) reopen the inquest and re-examine any
of its findings or hold a new inquest; or
(b) direct another coroner to reopen the
inquest and re-examine any of its
findings or hold a new inquest.
(5) If subsection (4)(b) applies, the Supreme
Court may require that the other coroner not be the
same coroner who held the first inquest.
(6) An applicant under subsection (1) may
adduce any evidence, or raise any grounds, whether
or not the evidence or grounds have been adduced or
raised before the Chief Magistrate on an application
under section 58.
Section 64 substituted
21. Section 64 of the Principal Act is repealed and the
following section is substituted:
Coroner not required to give evidence in
certain cases
64. A coroner is not a compellable witness before a
court or tribunal, or in any judicial or other
proceedings, in respect of anything that came to the
17
s. 22 No. Justice and Related Legislation 2004
(Miscellaneous Amendments)
coroner's knowledge in exercising and performing
his or her powers and functions under this Act.
Section 68 amended (Manner of making
applications)
22. Section 68 of the Principal Act is amended as follows:
(a) by omitting "58(1)" and substituting "58A(1)";
(b) by inserting "or an appeal under
section 58(7)" after "63".
18
2004 Justice and Related Legislation No. s. 23
(Miscellaneous Amendments)
PART 5 CORRECTIONS ACT 1997 AMENDED
Principal Act
23. In this Part, the Corrections Act 1997* is referred to
as the Principal Act.
Schedule 1 substituted
24. Schedule 1 to the Principal Act is repealed and the
following Schedule is substituted:
SCHEDULE 1 PRISON OFFENCES
Section 3
PART 1 PRELIMINARY
Interpretation
1. In this Schedule
"authorised" means authorised in accordance
with the standing orders or as otherwise
authorised by the Director.
PART 2 PRISON OFFENCES
1. Mutiny.
2. Open incitement to mutiny.
3. Assaulting a correctional officer.
4. Assaulting a person other than a correctional officer.
5. Engaging in riotous behaviour.
*No. 51 of 1997
19
s. 24 No. Justice and Related Legislation 2004
(Miscellaneous Amendments)
6. Instigating or encouraging another prisoner or
detainee to engage in riotous behaviour.
7. Resisting or obstructing a correctional officer, or any
other person who has authority in a prison, in the
execution of his or her duties.
8. Committing a nuisance or engaging in disorderly
conduct.
9. Instigating or encouraging another prisoner or
detainee to commit a nuisance or engage in
disorderly conduct.
10. Maiming, injuring or tattooing himself or herself or
any other prisoner or detainee.
11. Intentionally endangering the health of another
person.
12. Committing any act contrary to the good order or
maintenance of prison discipline or security.
13. Damaging, defacing or destroying any prison
property.
14. Setting anything alight if not authorised.
15. Stealing, unlawfully receiving or embezzling
anything.
16. Trafficking with another prisoner or detainee or any
other person.
17. Giving or lending to, or borrowing from, another
prisoner or detainee anything if not authorised.
18. Having in the prisoner's possession anything that is
not authorised.
19. Sending a letter that is threatening or harassing.
20
2004 Justice and Related Legislation No. s. 24
(Miscellaneous Amendments)
20. Sending an article of mail containing an item or
substance that is not authorised.
21. Using a telephone in any way or for any purpose that
is not authorised.
22. Refusing or failing to allow a sample to be taken
under section 28 for the purpose of substance testing.
23. Adulterating, substituting, or otherwise tampering
or interfering with a sample taken under section 28.
24. Being in possession of, or consuming, alcohol or a
drug if not authorised.
25. Being drunk or under the influence of an illegal
drug.
26. Refusing to comply with a direction under section 33.
27. Being idle or negligent at work, or mismanaging any
work.
28. Feigning illness.
29. Knowingly making a false or frivolous complaint.
30. Behaving disruptively or disrespectfully at or during
a religious service or any other authorised meeting,
gathering or event.
31. Failing to comply with any condition or restriction of
leave under section 42.
32. Leaving or attempting to leave the place where the
prisoner or detainee has been directed or authorised
to be, or being in a place if not authorised.
33. Failing to obey an order lawfully given by a person
having authority in the prison.
21
s. 24 No. Justice and Related Legislation 2004
(Miscellaneous Amendments)
34. Cursing or swearing.
35. Using language or behaving in a manner that is
indecent, insulting, insolent or threatening.
36. Breaching the regulations.
37. Attempting to commit a prison offence.
22
2004 Justice and Related Legislation No. s. 25
(Miscellaneous Amendments)
PART 6 CRIMINAL CODE AMENDMENT (LIFE
PRISONERS AND DANGEROUS CRIMINALS) ACT
1994 AMENDED
Principal Act
25. In this Part, the Criminal Code Amendment (Life
Prisoners and Dangerous Criminals) Act 1994* is referred
to as the Principal Act.
Section 9 amended (Resentencing)
26. Section 9 of the Principal Act is amended by omitting
subsection (4) and substituting the following subsections:
(4) In resentencing an existing life prisoner
under this Part
(a) the court is not to take into account the
applicant's conduct as a life prisoner
under the original sentence; but
(b) the court may take into account the term
of any other sentence of imprisonment
that the applicant, since becoming a life
prisoner, has been subject to.
(5) If the court exercises its discretion under
subsection (4)(b), it may order that the sentence it
imposes under subsection (1) is to commence at a
date later than the date on which the original
sentence was imposed.
(6) Subsection (5) applies despite anything to
the contrary in the Sentencing Act 1997.
*No. 96 of 1994
23
s. 27 No. Justice and Related Legislation 2004
(Miscellaneous Amendments)
PART 7 EVIDENCE (CHILDREN AND SPECIAL
WITNESSES) ACT 2001 AMENDED
Principal Act
27. In this Part, the Evidence (Children and Special
Witnesses) Act 2001* is referred to as the Principal Act.
Section 3 amended (Interpretation)
28. Section 3 of the Principal Act is amended as follows:
(a) by inserting "137, 178," after "133," in
paragraph (b)(i) of the definition of "affected
child";
(b) by omitting "section 35(3) of the Police
Offences Act 1935" from paragraph (c) of the
definition of "affected child" and substituting
"section 8(1A)(a) or 35(3) of the Police Offences
Act 1935";
(c) by inserting "137, 178," after "133," in
paragraph (b) of the definition of "prescribed
proceeding";
(d) by omitting "section 35(3) of the Police
Offences Act 1935" from paragraph (d) of the
definition of "prescribed proceeding" and
substituting "section 8(1A)(a) or 35(3) of the
Police Offences Act 1935".
*No. 79 of 2001
24
2004 Justice and Related Legislation No. s. 29
(Miscellaneous Amendments)
PART 8 FORENSIC PROCEDURES ACT 2000
AMENDED
Principal Act
29. In this Part, the Forensic Procedures Act 2000* is
referred to as the Principal Act.
Section 57 amended (Registration of orders)
30. Section 57 of the Principal Act is amended as follows:
(a) by omitting "order." from the definition of
"certified copy" in subsection (1) and
substituting "order;";
(b) by inserting the following definition after the
definition of "certified copy" in subsection (1):
"order" means an order authorising the
carrying out of forensic
procedures.
(c) by omitting subsections (2) and (3) and
substituting the following subsections:
(2) The Minister may enter into an
arrangement with the responsible Minister of
a participating jurisdiction, providing for and
in relation to
(a) the registration in this State of
orders made under a
corresponding law of that
participating jurisdiction; or
*No. 101 of 2000
25
s. 30 No. Justice and Related Legislation 2004
(Miscellaneous Amendments)
(b) the registration in that
participating jurisdiction of orders
made under this Act.
(2A) For the purposes of
subsection (2)(a), the Commissioner of Police
may establish and maintain a register of
orders.
(3) An order made under a
corresponding law of a participating
jurisdiction is registered in this State when a
certified copy of the order is registered, in
accordance with the relevant arrangement
entered into under subsection (2), in the
register maintained under subsection (2A).
(d) by omitting from subsection (4) "is registered"
and substituting "made under a corresponding
law of a participating jurisdiction is registered
in this State";
(e) by omitting from subsection (5) "authorising
the carrying out of a forensic procedure, or for
cancellation of registration of such an order"
and substituting "in this State, or for the
cancellation of registration of an order".
26
2004 Justice and Related Legislation No. s. 31
(Miscellaneous Amendments)
PART 9 FREEDOM OF INFORMATION ACT 1991
AMENDED
Principal Act
31. In this Part, the Freedom of Information Act 1991* is
referred to as the Principal Act.
Section 22 amended (Reasons, &c., to be given)
32. Section 22(4) of the Principal Act is amended by
omitting "25 or 28" and substituting "25, 28 or 28A".
Section 28A inserted
33. After section 28 of the Principal Act, the following
section is inserted in Part 3:
Information affecting national security,
defence or international relations
28A. Information is exempt information if its
disclosure under this Act would, or would be
reasonably likely to
(a) endanger the security of the
Commonwealth or any of its States or
Territories; or
(b) endanger the defence of the
Commonwealth; or
(c) adversely affect the international
relations of the Commonwealth.
*No. 22 of 1991
27
s. 34 No. Justice and Related Legislation 2004
(Miscellaneous Amendments)
PART 10 JUSTICES ACT 1959 AMENDED
Principal Act
34. In this Part, the Justices Act 1959* is referred to as
the Principal Act.
Section 3 amended (Interpretation)
35. Section 3(1) of the Principal Act is amended by
inserting "137, 178," after "133," in paragraph (a) of the
definition of "affected person".
Section 56A amended (Procedure when brought
before justices)
36. Section 56A of the Principal Act is amended by
inserting after subsection (1A) the following subsection:
(1B) The justices are not required to comply
with subsection (1)(a) if they are satisfied that the
defendant has received a copy of, and understands,
the nature of the charge.
Section 71 amended (Petty crimes triable
summarily)
37. Section 71(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "$500" and
substituting "$5 000";
*No. 77 of 1959
28
2004 Justice and Related Legislation No. s. 38
(Miscellaneous Amendments)
(b) by omitting from paragraph (b) "$500" and
substituting "$5 000".
Section 72 amended (Other crimes triable
summarily)
38. Section 72(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b) "$500" and
substituting "$5 000";
(b) by omitting from paragraph (b) "$5 000" and
substituting "$20 000";
(c) by omitting from paragraph (c)(i) "$5 000" and
substituting "$20 000";
(d) by omitting from paragraph (d) "$500" and
substituting "$5 000";
(e) by omitting from paragraph (d) "$5 000" and
substituting "$20 000".
Section 74A amended (Procedure where defendant
not represented)
39. Section 74A of the Principal Act is amended by
inserting after subsection (1) the following subsection:
(1A) The justices are not required to comply
with subsection (1)(a) if they are satisfied that the
defendant has received a copy of, and understands,
the nature of the charge.
29
s. 40 No. Justice and Related Legislation 2004
(Miscellaneous Amendments)
Section 141 amended (Payment of fees)
40. Section 141 of the Principal Act is amended by
omitting subsection (4) and substituting the following
subsection:
(4) If a justice or clerk of petty sessions is
satisfied that paying a fee would cause a person
undue hardship, the justice or clerk of petty sessions
may
(a) waive the fee; or
(b) reduce the fee; or
(c) refund the whole or any part of the fee
already paid; or
(d) allow time to pay the whole or any part
of the fee.
30
2004 Justice and Related Legislation No. s. 41
(Miscellaneous Amendments)
PART 11 MAGISTRATES COURT (CIVIL
DIVISION) ACT 1992 AMENDED
Principal Act
41. In this Part, the Magistrates Court (Civil Division) Act
1992* is referred to as the Principal Act.
Section 38A inserted
42. After section 38 of the Principal Act, the following
section is inserted in Part 7:
Reduction or waiver of fee, &c.
38A. If a magistrate or registrar is satisfied that
paying a fee would cause a person undue hardship,
the magistrate or registrar may
(a) waive the fee; or
(b) reduce the fee; or
(c) refund the whole or any part of the fee
already paid; or
(d) allow time to pay the whole or any part
of the fee.
*No. 27 of 1992
31
s. 43 No. Justice and Related Legislation 2004
(Miscellaneous Amendments)
PART 12 MAGISTRATES COURT ACT 1987
AMENDED
Principal Act
43. In this Part, the Magistrates Court Act 1987* is
referred to as the Principal Act.
Section 10B amended (Magistrates not required to
give evidence in certain cases)
44. Section 10B of the Principal Act is amended as
follows:
(a) by omitting "court or judicial proceedings"
and substituting "court, tribunal or any
judicial or other proceedings";
(b) by omitting "carrying out" and substituting
"performing and exercising".
*No. 45 of 1987
32
2004 Justice and Related Legislation No. s. 45
(Miscellaneous Amendments)
PART 13 SENTENCING ACT 1997 AMENDED
Principal Act
45. In this Part, the Sentencing Act 1997* is referred to as
the Principal Act.
Section 15 amended (Custodial sentence: whether
concurrent or cumulative)
46. Section 15(6) of the Principal Act is amended by
inserting "other than section 9(5) of the Criminal Code
Amendment (Life Prisoners and Dangerous Criminals) Act
1994" after "enactment".
*No. 59 of 1997
33
s. 47 No. Justice and Related Legislation 2004
(Miscellaneous Amendments)
PART 14 SUPREME COURT CIVIL PROCEDURE
ACT 1932 AMENDED
Principal Act
47. In this Part, the Supreme Court Civil Procedure Act
1932* is referred to as the Principal Act.
Section 3 amended (Interpretation)
48. Section 3(1) of the Principal Act is amended by
omitting the definition of "inferior court of civil
jurisdiction" and substituting the following definition:
"inferior court of civil jurisdiction" includes any
court instituted under the Magistrates Court
Act 1987 when exercising a civil jurisdiction;
*No. 58 of 1932
34 Government Printer, Tasmania