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TASMANIA
__________
JUSTICE AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2007
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 ACTS INTERPRETATION ACT 1931 AMENDED
3. Principal Act
4. Section 37 amended (Effect of specifying penalties in Acts)
PART 3 BAIL ACT 1994 AMENDED
5. Principal Act
6. Section 5 amended (Police bail)
7. Section 9 amended (Contravention, &c., of condition of bail
order to be offence)
PART 4 MAGISTRATES COURT ACT 1987 AMENDED
8. Principal Act
9. Section 3B amended (Jurisdiction and divisions of the
Magistrates Court)
10. Section 4 amended (Appointment of magistrates)
11. Section 6 amended (Deputy Chief Magistrate)
12. Section 7 amended (Oaths to be taken)
13. Section 8 amended (Qualification for appointment)
[Bill 71]-III
14. Section 9 amended (Tenure of office)
15. Section 10 amended (Terms and conditions of service of
magistrates)
16. Section 13 amended (Jurisdiction and powers of magistrates)
17. Section 15A amended (Registries)
18. Section 17A amended (Contempt of Court)
19. Section 19 amended (Transitional provisions)
PART 5 MENTAL HEALTH ACT 1996 AMENDED
20. Principal Act
21. Section 3 amended (Interpretation)
22. Section 72B amended (Admission of involuntary patients)
23. Section 72C amended (Review of admission under section 72B)
24. Section 73U substituted
73U. Membership of Forensic Tribunal
25. Section 74KA inserted
74KA. General regulation of proceedings
26. Section 74L amended (Forensic Tribunal Member Register)
27. Schedule 1A amended (Membership of Forensic Tribunal)
2
JUSTICE AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2007
(Brought in by the Minister for Justice and Workplace
Relations, the Honourable Steven Kons)
A BILL FOR
An Act to amend the Acts Interpretation Act 1931, the Bail
Act 1994, the Magistrates Court Act 1987 and the Mental
Health Act 1996
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
2007.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 71] 3
Justice and Related Legislation (Miscellaneous Amendments) Act
2007
Act No. of
s. 3 Part 2 Acts Interpretation Act 1931 Amended
PART 2 ACTS INTERPRETATION ACT 1931
AMENDED
3. Principal Act
In this Part, the Acts Interpretation Act 1931* is
referred to as the Principal Act.
4. Section 37 amended (Effect of specifying penalties
in Acts)
Section 37 of the Principal Act is amended by
inserting after subsection (5) the following
subsection:
(5A) Where in an Act a penalty specified in
respect of an offence against the Act or a
provision of the Act is a fine or term of
imprisonment, the offence is, unless the
contrary is expressly provided,
punishable by the fine, or by the term of
imprisonment, or both.
*No. 59 of 1931
4
Justice and Related Legislation (Miscellaneous Amendments) Act
2007
Act No. of
Part 3 Bail Act 1994 Amended s. 5
PART 3 BAIL ACT 1994 AMENDED
5. Principal Act
In this Part, the Bail Act 1994* is referred to as
the Principal Act.
6. Section 5 amended (Police bail)
Section 5(4) of the Principal Act is amended by
omitting "fine not exceeding 5 penalty units or
imprisonment for a term not exceeding 3
months" and substituting "fine not exceeding 10
penalty units or imprisonment for a term not
exceeding 6 months, or both".
7. Section 9 amended (Contravention, &c., of
condition of bail order to be offence)
Section 9 of the Principal Act is amended by
omitting "fine not exceeding 10 penalty units or
imprisonment for a period not exceeding 6
months, or both." and substituting "fine not
exceeding 20 penalty units or imprisonment for a
term not exceeding 12 months, or both.".
*No. 9 of 1994
5
Justice and Related Legislation (Miscellaneous Amendments) Act
2007
Act No. of
s. 8 Part 4 Magistrates Court Act 1987 Amended
PART 4 MAGISTRATES COURT ACT 1987
AMENDED
8. Principal Act
In this Part, the Magistrates Court Act 1987* is
referred to as the Principal Act.
9. Section 3B amended (Jurisdiction and divisions of
the Magistrates Court)
Section 3B of the Principal Act is amended as
follows:
(a) by omitting from subsection (4)
"himself" and substituting "himself or
herself";
(b) by omitting from subsection (4) "he" and
substituting "he or she";
(c) by omitting from subsection (6) "he" and
substituting "he or she".
10. Section 4 amended (Appointment of magistrates)
Section 4 of the Principal Act is amended as
follows:
*No. 45 of 1987
6
Justice and Related Legislation (Miscellaneous Amendments) Act
2007
Act No. of
Part 4 Magistrates Court Act 1987 Amended s. 10
(a) by omitting from subsection (1) "he" and
substituting "the Governor";
(b) by inserting the following subsections
after subsection (1C):
(1D) A person appointed as a
permanent full-time magistrate
may, by written agreement with
the Chief Magistrate made with
the approval of the Attorney-
General, perform the duties of
that office on a part-time basis for
a period specified in the
agreement.
(1E) An agreement under
subsection (1D) is to specify the
hours of duty that the magistrate
concerned will ordinarily be
expected to work whilst
performing the duties of that
office on a part-time basis,
expressed as a proportion of the
time that a permanent full-time
magistrate is ordinarily expected
to work.
(1F) The hours of duty specified in an
agreement under subsection (1D)
may be varied by written
agreement between the magistrate
concerned and the Chief
Magistrate made with the
approval of the Attorney-General.
7
Justice and Related Legislation (Miscellaneous Amendments) Act
2007
Act No. of
s. 11 Part 4 Magistrates Court Act 1987 Amended
(1G) Subsection (1D) does not apply to
the Deputy Chief Magistrate.
(c) by omitting subsection (2) and
substituting the following subsection:
(2) A magistrate is not subject to the
State Service Act 2000 but a State
Service officer or State Service
employee who is appointed as a
magistrate retains all of his or her
existing and accruing rights as if
his or her service as a magistrate
were a continuation of the State
Service employment.
(d) by omitting from subsection (3) "his"
twice occurring and substituting "the
person's";
(e) by omitting from subsection (4) "he" and
substituting "the Governor";
(f) by omitting from subsection (4)
"instrument of his" and substituting
"person's instrument of".
11. Section 6 amended (Deputy Chief Magistrate)
Section 6 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "his" and
substituting "his or her";
8
Justice and Related Legislation (Miscellaneous Amendments) Act
2007
Act No. of
Part 4 Magistrates Court Act 1987 Amended s. 12
(b) by omitting from subsection (4) "he is";
(c) by omitting from subsection (7) "he is".
12. Section 7 amended (Oaths to be taken)
Section 7 of the Principal Act is amended by
omitting "his" and substituting "his or her".
13. Section 8 amended (Qualification for appointment)
Section 8(2) of the Principal Act is amended by
omitting "he" and substituting "he or she".
14. Section 9 amended (Tenure of office)
Section 9(3) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "he" and
substituting "he or she";
(b) by omitting from paragraph (a) "his"
twice occurring and substituting "his or
her";
(c) by omitting from paragraph (b) "he" and
substituting "he or she".
9
Justice and Related Legislation (Miscellaneous Amendments) Act
2007
Act No. of
s. 15 Part 4 Magistrates Court Act 1987 Amended
15. Section 10 amended (Terms and conditions of
service of magistrates)
Section 10 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1AA) Subsection (1) has effect subject to any
proportional adjustment that may be
temporarily required consequent on an
agreement under section 4(1C).
16. Section 13 amended (Jurisdiction and powers of
magistrates)
Section 13(4) of the Principal Act is amended by
omitting "his" and substituting "his or her".
17. Section 15A amended (Registries)
Section 15A(1) of the Principal Act is amended
by omitting "he" and substituting "the
Governor".
18. Section 17A amended (Contempt of Court)
Section 17A(2) of the Principal Act is amended
by omitting "he" and substituting "he or she".
10
Justice and Related Legislation (Miscellaneous Amendments) Act
2007
Act No. of
Part 4 Magistrates Court Act 1987 Amended s. 19
19. Section 19 amended (Transitional provisions)
Section 19 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "he" and
substituting "he or she";
(b) by omitting from subsection (3) "his" and
substituting "his or her".
11
Justice and Related Legislation (Miscellaneous Amendments) Act
2007
Act No. of
s. 20 Part 5 Mental Health Act 1996 Amended
PART 5 MENTAL HEALTH ACT 1996 AMENDED
20. Principal Act
In this Part, the Mental Health Act 1996* is
referred to as the Principal Act.
21. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
inserting after the definition of "official visitor"
the following definition:
"ordinary member", of the Forensic
Tribunal, means a member other than the
President of the Board or Mental Health
Tribunal;
22. Section 72B amended (Admission of involuntary
patients)
Section 72B of the Principal Act is amended by
inserting after subsection (5) the following
subsection:
(5A) As soon as practicable after exercising
the power conferred by subsection (5),
the Chief Forensic Psychiatrist is to give
the Mental Health Tribunal and the
*No. 31 of 1996
12
Justice and Related Legislation (Miscellaneous Amendments) Act
2007
Act No. of
Part 5 Mental Health Act 1996 Amended s. 23
person responsible for the patient notice
of the extension.
23. Section 72C amended (Review of admission under
section 72B)
Section 72C of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) The Mental Health Tribunal is
to
(a) review the admission of
an involuntary patient to a
secure mental health unit
within 3 days after being
notified of that admission
under section 72B(4); and
(b) review any extension of
the period of that
admission within 3 days
after being notified of that
extension under
section 72B(5A).
(b) by inserting in subsection (3) "or any
extension of the period of that
admission" after "a secure mental health
unit";
13
Justice and Related Legislation (Miscellaneous Amendments) Act
2007
Act No. of
s. 24 Part 5 Mental Health Act 1996 Amended
(c) by inserting in subsection (3)(a) "or
extension" after "admission";
(d) by omitting paragraph (b) from
subsection (3) and substituting the
following paragraph:
(b) confirm the admission or
extension but shorten the period
of detention; or
24. Section 73U substituted
Section 73U of the Principal Act is repealed and
the following section is substituted:
73U. Membership of Forensic Tribunal
(1) The Forensic Tribunal consists of
(a) if the Presidents of the Board and
Mental Health Tribunal are both
available
(i) those 2 Presidents; and
(ii) one other person; or
(b) if only one of those Presidents is
available
(i) the available President;
and
(ii) 2 other persons.
14
Justice and Related Legislation (Miscellaneous Amendments) Act
2007
Act No. of
Part 5 Mental Health Act 1996 Amended s. 25
(2) Ordinary members are appointed by the
Minister from the Forensic Tribunal
Member Register for the term or for the
purposes of a particular matter
determined by the Minister.
(3) The chairperson of the Forensic Tribunal
is
(a) if it is constituted as provided by
subsection (1)(a), the President of
the Mental Health Tribunal; or
(b) if it is constituted as provided by
subsection (1)(b), the available
President.
(4) Schedule 1A has effect with respect to
the membership of the Forensic Tribunal.
(5) An act or decision of the Forensic
Tribunal is not invalidated by reason
only of a defect or irregularity in the
appointment of a member.
25. Section 74KA inserted
After section 74K of the Principal Act, the
following section is inserted in Division 2:
74KA. General regulation of proceedings
Except as otherwise provided by this Act,
the Forensic Tribunal may regulate its
own proceedings.
15
Justice and Related Legislation (Miscellaneous Amendments) Act
2007
Act No. of
s. 26 Part 5 Mental Health Act 1996 Amended
26. Section 74L amended (Forensic Tribunal Member
Register)
Section 74L(1) of the Principal Act is amended
by omitting "the member of the Forensic
Tribunal referred to in section 73U(1)(c) is" and
substituting "ordinary members of the Forensic
Tribunal are".
27. Schedule 1A amended (Membership of Forensic
Tribunal)
Schedule 1A to the Principal Act is amended as
follows:
(a) by omitting the definition of "appointed
member" from clause 1 and substituting
the following definition:
"chairperson" means chairperson of
the tribunal;
(b) by omitting the definition of "member"
from clause 1 and substituting the
following definitions:
"member" means member of the
tribunal;
"President" means President of the
Board or Mental Health Tribunal;
"tribunal" means the Forensic
Tribunal.
16
Justice and Related Legislation (Miscellaneous Amendments) Act
2007
Act No. of
Part 5 Mental Health Act 1996 Amended s. 27
(c) by omitting clause 4 and substituting the
following clause:
4. Extension of term of office
(1) If a person who is a President is a
member of the tribunal and the
person's term as such President
expires after the tribunal has
commenced (but before it has
finalised) hearing any matter
(a) the person is taken for the
purposes of that matter to
continue in office as such
President until that matter
is finalised by the
tribunal; and
(b) another person appointed
as such President is taken,
for those purposes and
until that matter is
finalised, not to be such
President.
(2) If the term for which an ordinary
member is appointed expires after
the tribunal has commenced (but
before it has finalised) hearing
any matter, that term is extended
until the matter is finalised.
(d) by omitting from clause 5(3) "appointed"
and substituting "ordinary";
17
Justice and Related Legislation (Miscellaneous Amendments) Act
2007
Act No. of
s. 27 Part 5 Mental Health Act 1996 Amended
(e) by omitting clause 6;
(f) by omitting from clause 7(1) "appointed"
and substituting "ordinary";
(g) by omitting from clause 7(2) "appointed"
and substituting "ordinary";
(h) by omitting from clause 7(3) "a member
under section 73U(1)(c)" and substituting
"an ordinary member";
(i) by omitting from clause 8 "appointed"
first occurring and substituting
"ordinary".
18 Government Printer, Tasmania