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TASMANIA
__________
JUSTICE AND RELATED LEGISLATION
(FURTHER MISCELLANEOUS AMENDMENTS)
BILL 2006
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 ADMINISTRATION AND PROBATE ACT 1935 AMENDED
3. Principal Act
4. Section 27 amended (Rights of action by and against personal
representatives)
PART 3 BAIL ACT 1994 AMENDED
5. Principal Act
6. Section 7 amended (Conditions to which bail is subject)
PART 4 CIVIL LIABILITY ACT 2002 AMENDED
7. Principal Act
8. Section 28E inserted
28E. Abolition of certain actions
PART 5 CLASSIFICATION (PUBLICATIONS, FILMS AND
COMPUTER GAMES) ENFORCEMENT ACT 1995
AMENDED
9. Principal Act
[Bill 54]-IX
10. Section 63 amended (Certain advertisements to contain
determined markings and consumer advice)
PART 6 COMMUNITY PROTECTION (OFFENDER REPORTING)
ACT 2005 AMENDED
11. Principal Act
12. Section 47 amended (Matters not to be heard in public)
PART 7 CORONERS ACT 1995 AMENDED
13. Principal Act
14. Section 53A inserted
53A. Power of coroner to defer provision of information
PART 8 CRIMINAL CODE ACT 1924 AMENDED
15. Principal Act
16. Section 12A substituted
12A. Business and sittings of court
17. Section 305 amended (Appeal as to bail to Court of Criminal
Appeal or Full Court)
PART 9 EVIDENCE (CHILDREN AND SPECIAL WITNESSES) ACT
2001 AMENDED
18. Principal Act
19. Section 3 amended (Interpretation)
PART 10 GUARDIANSHIP AND ADMINISTRATION ACT 1995
AMENDED
20. Principal Act
21. Section 3 amended (Interpretation)
22. Section 7A inserted
7A. Role of President
23. Section 8A inserted
8A. Board to sit in divisions
24. Section 11 amended (Procedure of Board)
25. Section 32 amended (Appointment of enduring guardian)
26. Section 34 amended (Revocation or amendment of appointment
by Board)
2
27. Section 73 amended (Appearance at hearing of Board)
28. Section 73A inserted
73A. Interim order on adjournment
29. Section 74A inserted
74A. Contempt of Board
30. Section 81A inserted
81A. Instruments made under corresponding laws
31. Section 87 amended (Offences)
32. Schedule 2 amended (Procedure of Board)
PART 11 JUSTICES ACT 1959 AMENDED
33. Principal Act
34. Section 3 amended (Interpretation)
35. Section 106B amended (Restraint orders)
PART 12 LIMITATION ACT 1974 AMENDED
36. Principal Act
37. Section 7 amended (Contribution between tortfeasors)
PART 13 MAGISTRATES COURT (CIVIL DIVISION) ACT 1992
AMENDED
38. Principal Act
39. Section 3 amended (Interpretation)
40. Section 31AB amended (Procedure for minor civil claims)
PART 14 MAGISTRATES COURT ACT 1987 AMENDED
41. Principal Act
42. Section 15 amended (Arrangement of business of courts, and
administrative matters)
43. Section 15AA amended (Practice directions)
PART 15 MOTOR ACCIDENTS (LIABILITIES AND
COMPENSATION) ACT 1973 AMENDED
44. Principal Act
45. Section 14 amended (General liability of Board in respect of
motor accidents)
3
46. Section 18 amended (Recovery by Board from owner or driver
in certain cases)
47. Section 28C amended (Recovery by Board from non-
indemnifiable person of scheduled benefits)
PART 16 PROFESSIONAL STANDARDS ACT 2005 AMENDED
48. Principal Act
49. Section 4 amended (Definitions)
50. Section 24 substituted
24. Limitation of liability by insurance arrangements
51. Section 25 amended (Limitation of liability by reference to
amount of business assets)
52. Section 26 amended (Limitation of liability by multiple of
charges)
53. Section 29A inserted
29A. Liability in damages not reduced to below relevant
limit
PART 17 RESOURCE PLANNING AND DEVELOPMENT
COMMISSION ACT 1997 AMENDED
54. Principal Act
55. Section 13A inserted
13A. Protection from liability
56. Sections 17B and 17C inserted
17B. Contempt of Commission
17C. Punishment of contempt
PART 18 SUPREME COURT ACT 1887 AMENDED
57. Principal Act
58. Section 3 amended (Acting judges)
PART 19 SUPREME COURT CIVIL PROCEDURE ACT 1932
AMENDED
59. Principal Act
60. Sections 18A, 19, 20, 20A, 21, 22, 23, 24 and 25 substituted
19. Business and sittings of Court
20. Reserved judgments
4
61. Section 28 amended (Transfer to inferior courts of civil
jurisdiction of actions and counter-claims founded on contract or
tort)
PART 20 TERRORISM (PREVENTATIVE DETENTION) ACT 2005
AMENDED
62. Principal Act
63. Section 23 amended (Warrant under section 34E of the
Australian Security Intelligence Organisation Act 1979 of the
Commonwealth)
64. Section 26 amended (Effect of preventative detention order to be
explained to person detained)
65. Section 34 amended (Contacting lawyer)
66. Section 51 amended (Annual report)
PART 21 VICTIMS OF CRIME ASSISTANCE ACT 1976 AMENDED
67. Principal Act
68. Section 40A inserted
40A. Protection from liability
PART 22 YOUTH JUSTICE ACT 1997 AMENDED
69. Principal Act
70. Section 49A amended (Court may impose single, general or
mixed sentence)
5
6
JUSTICE AND RELATED LEGISLATION
(FURTHER MISCELLANEOUS AMENDMENTS)
BILL 2006
(Brought in by the Minister for Justice and Workplace
Relations, the Honourable Steven Kons)
A BILL FOR
An Act to amend the Administration and Probate Act 1935,
the Bail Act 1994, the Civil Liability Act 2002, the
Classification (Publications, Films and Computer Games)
Enforcement Act 1995, the Community Protection (Offender
Reporting) Act 2005, the Coroners Act 1995, the Criminal
Code Act 1924, the Evidence (Children and Special
Witnesses) Act 2001, the Guardianship and Administration
Act 1995, the Justices Act 1959, the Limitation Act 1974, the
Magistrates Court Act 1987, the Magistrates Court (Civil
Division) Act 1992, the Motor Accidents (Liabilities and
Compensation) Act 1973, the Professional Standards Act
2005, the Resource Planning and Development Commission
Act 1997, the Supreme Court Act 1887, the Supreme Court
Civil Procedure Act 1932, the Terrorism (Preventative
Detention) Act 2005, the Victims of Crime Assistance Act
1976 and the Youth Justice Act 1997
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:
[Bill 54] 7
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 1 Part 1 Preliminary
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Justice and Related
Legislation (Further Miscellaneous
Amendments) Act 2006.
2. Commencement
(1) Except as provided by this section, this Act
commences on the day on which this Act
receives the Royal Assent.
(2) Part 13 commences on a day to be proclaimed.
8
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
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 27 amended (Rights of action by and against
personal representatives)
Section 27 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(b)
"estate " and substituting "estate.";
(b) by omitting from subsection (1) "except
as provided by subsection (2).";
(c) by omitting subsection (2).
*No. 38 of 1935
9
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 5 Part 3 Bail Act 1994 Amended
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 7 amended (Conditions to which bail is
subject)
Section 7 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(3A) Notwithstanding subsection (3), a person
admitted to bail to appear in the Supreme
Court is not required to appear in court at
the time and place specified in an order,
or to which the hearing may from time to
time be adjourned, if he or she is advised
in writing by a Crown Law Officer,
within the meaning of section 1 of the
Criminal Code, that his or her attendance
is not required until a later date, but he or
she must appear on that later date.
*No. 9 of 1994
10
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 4 Civil Liability Act 2002 Amended s. 7
PART 4 CIVIL LIABILITY ACT 2002 AMENDED
7. Principal Act
In this Part, the Civil Liability Act 2002* is
referred to as the Principal Act.
8. Section 28E inserted
After section 28D of the Principal Act, the
following section is inserted in Part 7:
28E. Abolition of certain actions
The following actions at common law are
abolished:
(a) seduction;
(b) enticement;
(c) harbouring.
*No. 54 of 2002
11
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 9 Part 5 Classification (Publications, Films and Computer Games)
Enforcement Act 1995 Amended
PART 5 CLASSIFICATION (PUBLICATIONS, FILMS
AND COMPUTER GAMES) ENFORCEMENT ACT 1995
AMENDED
9. Principal Act
In this Part, the Classification (Publications,
Films and Computer Games) Enforcement Act
1995* is referred to as the Principal Act.
10. Section 63 amended (Certain advertisements to
contain determined markings and consumer advice)
Section 63(1)(b)(i) of the Principal Act is
amended by omitting "by the director".
*No. 105 of 1995
12
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 6 Community Protection (Offender Reporting) Act 2005 Amended s. 11
PART 6 COMMUNITY PROTECTION (OFFENDER
REPORTING) ACT 2005 AMENDED
11. Principal Act
In this Part, the Community Protection (Offender
Reporting) Act 2005* is referred to as the
Principal Act.
12. Section 47 amended (Matters not to be heard in
public)
Section 47 of the Principal Act is amended by
omitting "this Act" and substituting "section 8,
28, 33 or 34".
*No. 61 of 2005
13
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 13 Part 7 Coroners Act 1995 Amended
PART 7 CORONERS ACT 1995 AMENDED
13. Principal Act
In this Part, the Coroners Act 1995* is referred
to as the Principal Act.
14. Section 53A inserted
After section 53 of the Principal Act, the
following section is inserted in Part 7:
53A. Power of coroner to defer provision of
information
(1) If the coroner reasonably believes it
necessary for the purpose of an
investigation, he or she may direct that
the provision of specified information
contained in records that are in the
possession of a State Service Agency or a
Minister and to which any person may
otherwise be entitled under the Freedom
of Information Act 1991 be deferred for a
specified period.
(2) An agency or Minister directed by the
coroner under subsection (1) is to comply
with that direction.
*No. 73 of 1995
14
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 8 Criminal Code Act 1924 Amended s. 15
PART 8 CRIMINAL CODE ACT 1924 AMENDED
15. Principal Act
In this Part, the Criminal Code Act 1924* is
referred to as the Principal Act.
16. Section 12A substituted
Section 12A of the Principal Act is repealed and
the following section is substituted:
12A. Business and sittings of court
(1) The Chief Justice is responsible for
ensuring the orderly and expeditious
discharge of the business of the criminal
jurisdiction of the Supreme Court and the
Court of Criminal Appeal and
accordingly may, subject to this Act and
after such consultation with the judges as
is appropriate and practicable, make
arrangements as to the judge or judges
who is or are to constitute the Court in a
particular matter or class of matters.
(2) Sittings of the criminal jurisdiction of the
Supreme Court and sittings of the Court
of Criminal Appeal are to be held from
time to time as required at the places at
which the registries of the Court are
*No. 69 of 1924
15
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 17 Part 8 Criminal Code Act 1924 Amended
established and at such other places as
may be determined by the Chief Justice
from time to time.
17. Section 305 amended (Appeal as to bail to Court of
Criminal Appeal or Full Court)
Section 305 of Schedule 1 to the Principal Act is
amended as follows:
(a) by inserting the following subsection
after subsection (1):
(1A) A Crown Law Officer may
appeal
(a) an order of a judge of the
Supreme Court admitting
a person to bail; or
(b) a condition imposed by a
judge of the Supreme
Court to which an order
admitting a person to bail
is subject, or the failure to
impose any such
condition
to
(c) the Court of Criminal
Appeal in a case where
the person in respect of
whom the order is made is
16
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 8 Criminal Code Act 1924 Amended s. 17
bound to appear before
that Court; or
(d) the Full Court of the
Supreme Court, in any
other case.
(b) by inserting in subsection (2) "or
subsection (1A)" after "subsection (1)".
17
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 18 Part 9 Evidence (Children and Special Witnesses) Act 2001 Amended
PART 9 EVIDENCE (CHILDREN AND SPECIAL
WITNESSES) ACT 2001 AMENDED
18. Principal Act
In this Part, the Evidence (Children and Special
Witnesses) Act 2001* is referred to as the
Principal Act.
19. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting "125C, 125D," after "125B,"
in paragraph (b)(i) of the definition of
"affected child";
(b) by inserting "130," after "129," in
paragraph (b)(i) of the definition of
"affected child";
(c) by omitting "committed;" from
paragraph (c) of the definition of
"affected child" and substituting
"committed; or";
(d) by inserting the following paragraph after
paragraph (c) in the definition of
"affected child":
*No. 79 of 2001
18
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 9 Evidence (Children and Special Witnesses) Act 2001 Amended s. 19
(d) upon or in respect of whom an
offence under section 73 of the
Classification (Publications,
Films and Computer Games)
Enforcement Act 1995 is alleged
to have been committed;
(e) by inserting "125C, 125D," after "125B,"
in paragraph (b) of the definition of
"prescribed proceeding";
(f) by inserting "130," after "129," in
paragraph (b) of the definition of
"prescribed proceeding";
(g) by omitting paragraph (e) from the
definition of "prescribed proceeding" and
substituting the following paragraphs:
(e) a proceeding in which a person
has been charged with a crime
under section 4, 7 or 9 of the Sex
Industry Offences Act 2005 or an
offence under section 8(2) of that
Act; or
(f) a proceeding in which a person
has been charged with an offence
under section 73 of the
Classification (Publications,
Films and Computer Games)
Enforcement Act 1995;
19
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 20 Part 10 Guardianship and Administration Act 1995 Amended
PART 10 GUARDIANSHIP AND ADMINISTRATION
ACT 1995 AMENDED
20. Principal Act
In this Part, the Guardianship and
Administration Act 1995* is referred to as the
Principal Act.
21. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
omitting the definition of "represented person"
and substituting the following definition:
"represented person" means a person
(a) in respect of whom
(i) a guardianship order is in
force; or
(ii) an administration order is
in force; or
(iii) both a guardianship order
and an administration
order are in force; or
(b) who appoints an enduring
guardian and who, by reason of
disability, becomes unable to
*No. 44 of 1995
20
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 10 Guardianship and Administration Act 1995 Amended s. 22
make reasonable judgments in
relation to his or her personal
circumstances;
22. Section 7A inserted
After section 7 of the Principal Act, the
following section is inserted in Part 2:
7A. Role of President
The President
(a) is responsible for the
administrative functions of the
Board and the allocation of its
work; and
(b) may approve forms for the use of
persons making an application or
providing a report under this Act;
and
(c) may issue practice directions in
relation to the conduct of
hearings.
23. Section 8A inserted
After section 8 of the Principal Act, the
following section is inserted in Part 2:
21
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 23 Part 10 Guardianship and Administration Act 1995 Amended
8A. Board to sit in divisions
(1) Except for the purposes of Part 2 of
Schedule 2, the functions of the Board
may be exercised by divisions of the
Board.
(2) A division may consist of one or 3
members of the Board as may be
determined in a particular case by the
President.
(3) The members of the Board who are to
constitute a division are to be appointed
by the President who, in so doing, must
have regard to
(a) the nature of the matter to be
considered by that division; and
(b) the need for the members
constituting that division to have
appropriate knowledge and
experience; and
(c) the need for an appropriate
member, to be appointed by the
President, to act as chairperson of
a division.
(4) Subsection (3) does not prevent the
President from appointing himself or
herself as chairperson of a division.
(5) A matter arising for determination by a
division is to be determined by a majority
22
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 10 Guardianship and Administration Act 1995 Amended s. 24
of votes of the members constituting the
division.
(6) An act or decision of a division is not
invalidated by reason only of a defect or
irregularity in the appointment of a
member of the Board or in the selection
of that person for a division of the Board.
(7) Subject to this Act, the procedure of a
division is to be such as the division
determines.
24. Section 11 amended (Procedure of Board)
Section 11 of the Principal Act is amended as
follows:
(a) by omitting from subsection (4) "rules or
practice as to" and substituting "the rules
of";
(b) by inserting the following subsections
after subsection (12):
(13) The Board may reject an
application under this Act at any
stage of a proceeding if the Board
is of the opinion that
(a) the application is
frivolous or vexatious or
otherwise lacking in
substance; or
23
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 24 Part 10 Guardianship and Administration Act 1995 Amended
(b) the subject matter has
already been dealt with by
the Board and there has
been no subsequent
change to any material
fact.
(14) If the Board rejects an
application, the applicant may
apply for a review of that
decision by a division of the
Board.
(15) A division of the Board
constituted for the purposes of
subsection (14) is to comprise 3
members, none of whom was
involved in the decision to reject
the initial application.
(16) An application for a review must
be
(a) in writing; and
(b) lodged within 14 days
after the applicant is
notified of the decision to
reject the initial
application under
subsection (13).
(17) A decision of the Board made
pursuant to an application under
subsection (14) is not reviewable
under this section.
24
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 10 Guardianship and Administration Act 1995 Amended s. 25
25. Section 32 amended (Appointment of enduring
guardian)
Section 32 of the Principal Act is amended by
inserting after subsection (6) the following
subsection:
(7) Section 25(3) applies to an enduring
guardian as if he or she were a full
guardian appointed under section 20.
26. Section 34 amended (Revocation or amendment of
appointment by Board)
Section 34(1) of the Principal Act is amended by
omitting "the appointment" first occurring and
substituting "or amend the instrument of
appointment".
27. Section 73 amended (Appearance at hearing of
Board)
Section 73(1)(b) of the Principal Act is amended
by omitting "may".
28. Section 73A inserted
After section 73 of the Principal Act, the
following section is inserted in Division 1:
25
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 28 Part 10 Guardianship and Administration Act 1995 Amended
73A. Interim order on adjournment
(1) If the Board adjourns the hearing of an
application under this Act, the Board
may, in respect of a person who is not a
represented person but in respect of
whom the Board considers that there may
be grounds for making a guardianship
order or an administration order, make an
interim order appointing
(a) the Public Guardian as his or her
guardian; or
(b) The Public Trustee as
administrator of his or her
estate
and in either case the Board may make
any order or give any direction it
considers appropriate in the
circumstances.
(2) An interim order has effect for the period
of the adjournment and any subsequent
adjournment.
(3) This section does not prevent the Board
from varying or revoking an interim
order or from making a further interim
order on any subsequent adjournment.
26
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 10 Guardianship and Administration Act 1995 Amended s. 29
29. Section 74A inserted
After section 74 of the Principal Act, the
following section is inserted in Division 1:
74A. Contempt of Board
(1) A person is in contempt of the Board if
the person
(a) at a hearing of the Board or in
going to or returning from a
hearing of the Board, insults a
member of the Board, a member
of the staff of the Board or a
person assisting the Board; or
(b) deliberately interrupts a hearing
of the Board, or otherwise
misbehaves at such a hearing; or
(c) creates or continues, or joins in
creating or continuing, a
disturbance in or near a place
where a hearing of the Board is
being conducted; or
(d) obstructs or assaults a person
attending a hearing of the Board;
or
(e) without lawful excuse, disobeys a
lawful order or direction of the
Board made or given at a hearing
of the Board; or
27
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 30 Part 10 Guardianship and Administration Act 1995 Amended
(f) does anything at a hearing of the
Board or otherwise that would be
contempt of court if the Board
were a judge acting judicially.
(2) The Board may order that a person who
under subsection (1) is in contempt of the
Board be excluded from the place where
the hearing is being conducted.
(3) A member of the staff of the Board,
acting under the Board's direction, may,
using necessary and reasonable help and
force, exclude the person from the place.
30. Section 81A inserted
After section 81 of the Principal Act, the
following section is inserted in Division 4:
81A. Instruments made under corresponding laws
(1) Where it appears to the Minister that a
law in force in another State, or in a
Territory or country has substantially the
same effect as Part 5 of this Act, the
Minister may by notice published in the
Gazette declare that the law is a
corresponding law for the purpose of this
section.
(2) Subject to subsection (3), if an
instrument appointing an enduring
guardian that is made in another State, or
28
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 10 Guardianship and Administration Act 1995 Amended s. 30
in a Territory or country under a
corresponding law complies with that
corresponding law, the instrument is
taken to be an instrument appointing an
enduring guardian made in accordance
with Part 5.
(3) An instrument referred to in
subsection (2) is valid only to the extent
that it would be valid if it were an
instrument appointing an enduring
guardian made in accordance with Part 5.
(4) For the purposes of this section, a
certificate, from a legal practitioner or
from the Registrar of a relevant Court,
Board or Tribunal exercising a
guardianship jurisdiction, that the
instrument appointing an enduring
guardian satisfies the requirements of the
relevant corresponding law is evidence of
that fact.
(5) An instrument appointing an enduring
guardian recognised in accordance with
this section must be registered in
accordance with section 89(1)(c).
(6) A notice under subsection (1) is not a
statutory rule for the purposes of the
Rules Publication Act 1953.
29
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 31 Part 10 Guardianship and Administration Act 1995 Amended
31. Section 87 amended (Offences)
Section 87 of the Principal Act is amended by
inserting after paragraph (b) the following
paragraphs:
(ba) hinders any proceedings under this Act;
or
(bb) uses insulting language towards a person
exercising any power or performing any
function under this Act; or
32. Schedule 2 amended (Procedure of Board)
Schedule 2 to the Principal Act is amended by
omitting clauses 1 and 2 from Part 1.
30
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 11 Justices Act 1959 Amended s. 33
PART 11 JUSTICES ACT 1959 AMENDED
33. Principal Act
In this Part, the Justices Act 1959* is referred to
as the Principal Act.
34. Section 3 amended (Interpretation)
The definition of "affected person" in section
3(1) of the Principal Act is amended as follows:
(a) by inserting in paragraph (a) "125C,
125D," after "125B,";
(b) by inserting in paragraph (a) "130," after
"129,";
(c) by omitting paragraph (c) and
substituting the following paragraphs:
(c) a crime under section 4, 7 or 9 of
the Sex Industry Offences Act
2005 or an offence under section
8(2) of that Act;
(d) an offence under section 73 of the
Classification (Publications,
Films and Computer Games)
Enforcement Act 1995;
*No. 77 of 1959
31
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 35 Part 11 Justices Act 1959 Amended
35. Section 106B amended (Restraint orders)
Section 106B(2) of the Principal Act is amended
by inserting after paragraph (b) the following
paragraph:
(ba) by the guardian or administrator of a
person who is a represented person
within the meaning of the Guardianship
and Administration Act 1995; or
32
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 12 Limitation Act 1974 Amended s. 36
PART 12 LIMITATION ACT 1974 AMENDED
36. Principal Act
In this Part, the Limitation Act 1974* is referred
to as the Principal Act.
37. Section 7 amended (Contribution between
tortfeasors)
Section 7 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Tortfeasors and Contributory
Negligence Act 1954" and substituting
"Wrongs Act 1954";
(b) by omitting from subsection (2)
"Tortfeasors and Contributory
Negligence Act 1954" and substituting
"Wrongs Act 1954".
*No. 98 of 1974
33
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 38 Part 13 Magistrates Court (Civil Division) Act 1992 Amended
PART 13 MAGISTRATES COURT (CIVIL DIVISION)
ACT 1992 AMENDED
38. Principal Act
In this Part, the Magistrates Court (Civil
Division) Act 1992* is referred to as the
Principal Act.
39. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
omitting the definition of "prescribed amount"
and substituting the following definition:
"prescribed amount" means $50 000;
40. Section 31AB amended (Procedure for minor civil
claims)
Section 31AB of the Principal Act is amended
by omitting subsection (3) and substituting the
following subsections:
(3) The Magistrates Rule Committee is to
determine the rules which apply to, and
in respect of, a proceeding relating to a
minor civil claim.
*No. 27 of 1992
34
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 13 Magistrates Court (Civil Division) Act 1992 Amended s. 40
(3A) Notwithstanding subsection (3), where
the Court considers it expedient and in
the interests of justice, the Court may
dispense with the application of the rules
referred to in that subsection or may
apply rules not generally applicable to
minor civil claims.
35
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 41 Part 14 Magistrates Court Act 1987 Amended
PART 14 MAGISTRATES COURT ACT 1987
AMENDED
41. Principal Act
In this Part, the Magistrates Court Act 1987* is
referred to as the Principal Act.
42. Section 15 amended (Arrangement of business of
courts, and administrative matters)
Section 15 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(2) The Chief Magistrate may determine that
a sitting at a specified court on a
specified day, or at any time, is to be
used only for a specified purpose unless
the justice of the matter requires
otherwise.
43. Section 15AA amended (Practice directions)
Section 15AA of the Principal Act is amended
by inserting after subsection (2) the following
subsection:
(3) The Chief Magistrate may issue practice
directions specifying the circumstances
*No. 45 of 1987
36
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 14 Magistrates Court Act 1987 Amended s. 43
in which initiating process must be filed
in a registry.
37
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 44 Part 15 Motor Accidents (Liabilities and Compensation) Act 1973
Amended
PART 15 MOTOR ACCIDENTS (LIABILITIES AND
COMPENSATION) ACT 1973 AMENDED
44. Principal Act
In this Part, the Motor Accidents (Liabilities and
Compensation) Act 1973* is referred to as the
Principal Act.
45. Section 14 amended (General liability of Board in
respect of motor accidents)
Section 14(4B) of the Principal Act is amended
by omitting "Tortfeasors and Contributory
Negligence Act 1954" and substituting "Wrongs
Act 1954".
46. Section 18 amended (Recovery by Board from
owner or driver in certain cases)
Section 18(4)(b) of the Principal Act is amended
by omitting "section 3 of the Tortfeasors and
Contributory Negligence Act 1954" and
substituting "the Wrongs Act 1954".
*No. 71 of 1973
38
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 15 Motor Accidents (Liabilities and Compensation) Act 1973 s. 47
Amended
47. Section 28C amended (Recovery by Board from
non-indemnifiable person of scheduled benefits)
Section 28C of the Principal Act is amended as
follows:
(a) by omitting the definition of "fault" from
subsection (1);
(b) by omitting from subsection (3)
"Tortfeasors and Contributory
Negligence Act 1954" and substituting
"Wrongs Act 1954";
(c) by omitting from subsection (4) "section
4 of the Tortfeasors and Contributory
Negligence Act 1954" and substituting
"section 4 ofthe Wrongs Act 1954";
(d) by omitting from subsection (5)(b)
"section 4 of the Tortfeasors and
Contributory Negligence Act 1954" and
substituting "section 4 of the Wrongs Act
1954".
39
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 48 Part 16 Professional Standards Act 2005 Amended
PART 16 PROFESSIONAL STANDARDS ACT 2005
AMENDED
48. Principal Act
In this Part, the Professional Standards Act
2005* is referred to as the Principal Act.
49. Section 4 amended (Definitions)
Section 4 of the Principal Act is amended as
follows:
(a) by omitting "In this Act" and substituting
"(1) In this Act";
(b) by inserting the following definition after
the definition of "business assets":
"costs" includes fees, charges,
disbursements and expenses;
(c) by omitting the definition of "damages"
and substituting the following definition:
"damages" means
(a) damages awarded in
respect of a claim or
counter-claim or by way
of set-off; and
*No. 24 of 2005
40
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 16 Professional Standards Act 2005 Amended s. 49
(b) costs in or in relation to
the proceedings ordered
to be paid in connection
with such an award (other
than costs incurred in
enforcing a judgment or
incurred on an appeal
made by a defendant); and
(c) any interest payable on
the amount of those
damages or costs;
(d) by inserting the following subsection:
(2) A reference in this Act to the
amount payable under an
insurance policy in respect of an
occupational liability includes a
reference to
(a) defence costs payable in
respect of a claim, or
notification that may lead
to a claim (other than
reimbursement of the
defendant for time spent
in relation to the claim),
but only if those costs are
payable out of the one
sum insured under the
policy in respect of the
occupational liability; and
41
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 50 Part 16 Professional Standards Act 2005 Amended
(b) the amount payable under
or in relation to the policy
by way of excess.
50. Section 24 substituted
Section 24 of the Principal Act is repealed and
the following section is substituted:
24. Limitation of liability by insurance
arrangements
A scheme may provide that, if a person
to whom the scheme applies and against
whom a proceeding relating to
occupational liability is brought is able to
satisfy the court that
(a) the person has the benefit of an
insurance policy insuring the
person against the occupational
liability to which the cause of
action relates; and
(b) the amount payable under the
policy in respect of that
occupational liability is not less
than the amount of the monetary
ceiling specified in the scheme in
relation to the class of person and
the kind of work to which the
cause of action relates
42
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 16 Professional Standards Act 2005 Amended s. 51
the person is not liable in damages in
relation to that cause of action above the
amount of that monetary ceiling.
51. Section 25 amended (Limitation of liability by
reference to amount of business assets)
Section 25 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "at the
time at which the act or omission giving
rise to the cause of action occurred";
(b) by omitting subparagraph (ii) from
paragraph (b) and substituting the
following subparagraph:
(ii) the net current market value of
the business assets and the
amount payable under the policy
in respect of that occupational
liability, if combined, would total
an amount that is not less than the
amount of the monetary ceiling
specified in the scheme in
relation to the class of person and
the kind of work to which the
cause of action relates
43
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 52 Part 16 Professional Standards Act 2005 Amended
52. Section 26 amended (Limitation of liability by
multiple of charges)
Section 26(1) of the Principal Act is amended as
follows:
(a) by omitting subparagraph (ii) from
paragraph (a) and substituting the
following subparagraph:
(ii) under which the amount payable
in respect of that occupational
liability is not less than an
amount (the "limitation
amount"), being a reasonable
charge for the services provided
by the person, or which the
person failed to provide, and to
which the cause of action relates,
multiplied by the multiple
specified in the scheme in
relation to the class of person and
the kind of work to which the
cause of action relates; or
(b) by omitting subparagraph (ii) from
paragraph (c) and substituting the
following subparagraph:
(ii) the net current market value of
the assets and the amount payable
under the policy in respect of that
occupational liability, if
combined, would total an amount
44
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 16 Professional Standards Act 2005 Amended s. 53
that is not less than the limitation
amount
53. Section 29A inserted
After section 29 of the Principal Act, the
following section is inserted in Division 2:
29A. Liability in damages not reduced to below
relevant limit
The liability in damages of a person to
whom a scheme applies is not reduced
below the relevant limitation imposed by
a scheme in force under this Act because
the amount required or available to be
paid to the claimant under the insurance
policy required for the purposes of this
Act in respect of that liability is less than
the relevant limitation.
45
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 54 Part 17 Resource Planning and Development Commission Act 1997
Amended
PART 17 RESOURCE PLANNING AND
DEVELOPMENT COMMISSION ACT 1997 AMENDED
54. Principal Act
In this Part, the Resource Planning and
Development Commission Act 1997* is referred
to as the Principal Act.
55. Section 13A inserted
After section 13 of the Principal Act, the
following section is inserted in Part 3:
13A. Protection from liability
(1) A member of the Commission, the
registrar and any other person acting
under the direction of the Commission do
not incur any personal liability in respect
of any act done or omitted to be done in
good faith in the performance or
exercise, or purported performance or
exercise, of any function or power of the
Commission or in the administration or
execution, or purported administration or
execution, of this Act.
(2) Subsection (1) does not prelude the
Crown or the Commission from incurring
liability that a member of the
*No. 85 of 1997
46
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 17 Resource Planning and Development Commission Act 1997 s. 56
Amended
Commission, the registrar or other person
mentioned in that subsection would, but
for that subsection, incur.
56. Sections 17B and 17C inserted
After section 17A of the Principal Act, the
following sections are inserted in Part 3:
17B. Contempt of Commission
(1) A person must not
(a) insult a member of the
Commission in relation to the
performance of his or her
functions as a member; or
(b) interrupt a proceeding or hearing
of the Commission; or
(c) create a disturbance, or take part
in creating or continuing a
disturbance, in or near a place
where the Commission is sitting;
or
(d) do anything that would, if the
Commission were a court of
record, constitute a contempt of
that court.
(2) The Commission may order that a person
who under subsection (1) is in contempt
of the Commission at a Commission
47
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 56 Part 17 Resource Planning and Development Commission Act 1997
Amended
hearing be excluded from the place
where the hearing is being conducted.
(3) A member of the Commission staff,
acting under the Commission's order,
may, using necessary and reasonable
help and force, exclude the person from
the place.
17C. Punishment of contempt
(1) Without limiting the Commission's
power to punish for contempt, a person's
contempt of the Commission may be
punished under this section.
(2) The Commission may certify the
contempt in writing to the Supreme
Court.
(3) For the purposes of subsection (2), it is
enough for the Commission to be
satisfied that there is evidence of
contempt.
(4) The Commission may issue a warrant
directed to a police officer or all police
officers for the arrest of the person to be
brought before the Supreme Court to be
dealt with according to law.
(5) The Bail Act 1994 applies to the
proceeding for the contempt started by
the certification in the same way as it
applies to a charge of an offence.
48
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 17 Resource Planning and Development Commission Act 1997 s. 56
Amended
(6) The Supreme Court must inquire into the
alleged contempt.
(7) The Supreme Court must hear
(a) witnesses and evidence that may
be produced against or for the
person whose contempt was
certified; and
(b) any statement given by the person
in defence.
(8) If the Supreme Court is satisfied that the
person has committed the contempt, the
Court may punish the person as if the
person had committed the contempt in
relation to proceedings in that Court.
(9) The Rules of the Supreme Court apply to
the Court's investigation, hearing and
power to punish with necessary changes.
(10) The Commission's certificate of
contempt is evidence of the matters
contained in the certificate.
49
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 57 Part 18 Supreme Court Act 1887 Amended
PART 18 SUPREME COURT ACT 1887 AMENDED
57. Principal Act
In this Part, the Supreme Court Act 1887* is
referred to as the Principal Act.
58. Section 3 amended (Acting judges)
Section 3(1A) of the Principal Act is amended
by inserting after paragraph (a) in the definition
of "qualified person" the following paragraph:
(ab) has been a judge of the Supreme Court;
or
*No. 36 of 1887
50
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 19 Supreme Court Civil Procedure Act 1932 Amended s. 59
PART 19 SUPREME COURT CIVIL PROCEDURE
ACT 1932 AMENDED
59. Principal Act
In this Part, the Supreme Court Civil Procedure
Act 1932* is referred to as the Principal Act.
60. Sections 18A, 19, 20, 20A, 21, 22, 23, 24 and 25
substituted
Sections 18A, 19, 20, 20A, 21, 22, 23, 24 and 25
of the Principal Act are repealed and the
following sections are substituted:
19. Business and sittings of Court
(1) The Chief Justice is responsible for
ensuring the orderly and expeditious
discharge of the business of the Court
and accordingly may, subject to this Act
and after such consultation with the
judges as is appropriate and practicable,
make arrangements as to the judge or
judges who is or are to constitute the
Court in a particular matter or class of
matters.
(2) Sittings of the Court are to be held from
time to time as required at the places at
which the registries of the Court are
*No. 58 of 1932
51
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 60 Part 19 Supreme Court Civil Procedure Act 1932 Amended
established and at such other place as
may be determined by the Chief Justice
from time to time.
20. Reserved judgments
(1) When any cause or matter, after being
fully heard before a Full Court, is
ordered to stand for judgment, it is not
necessary that both or all judges before
whom it was heard be present together in
court to declare their opinions on the
cause or matter, but the opinion of any of
them may be reduced to writing and may
be read by any other judge at any
subsequent sitting of a Full Court at
which judgment in the cause or matter is
appointed to be delivered.
(2) In any such case the question is to be
decided in the same manner, and the
judgment of the Court has the same force
and effect, as if the judge whose opinion
is so read had been present in court and
had declared his or her opinion in person.
(3) Nothing in this section affects the
practice of publishing in writing a
judge's reasons for his or her opinion.
52
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 19 Supreme Court Civil Procedure Act 1932 Amended s. 61
61. Section 28 amended (Transfer to inferior courts of
civil jurisdiction of actions and counter-claims
founded on contract or tort)
Section 28 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a)
"$20 000" and substituting "$50 000";
(b) by omitting from subsection (1)(b)
"$20 000" and substituting "$50 000";
(c) by omitting from subsection (1A)
"$20 000" and substituting "$50 000";
(d) by omitting from subsection (3)(a)
"$20 000" and substituting "$50 000";
(e) by omitting from subsection (3)(b)
"$20 000" and substituting "$50 000".
53
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 62 Part 20 Terrorism (Preventative Detention) Act 2005 Amended
PART 20 TERRORISM (PREVENTATIVE
DETENTION) ACT 2005 AMENDED
62. Principal Act
In this Part, the Terrorism (Preventative
Detention) Act 2005* is referred to as the
Principal Act.
63. Section 23 amended (Warrant under section 34E of
the Australian Security Intelligence Organisation Act
1979 of the Commonwealth)
Section 23(1)(b) of the Principal Act is amended
by omitting "section 34D" and substituting
"section 34E".
64. Section 26 amended (Effect of preventative
detention order to be explained to person detained)
Section 26 of the Principal Act is amended by
inserting after subsection (2) the following
subsections:
(3) Without limiting subsection (2)(d), the
police officer detaining the person under
the order must inform the person under
that paragraph about the persons that he
or she may contact under section 32 or
36.
*No. 71 of 2005
54
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 20 Terrorism (Preventative Detention) Act 2005 Amended s. 65
(4) Subsection (2)(d) does not require the
police officer to inform the person being
detained of
(a) the fact that a prohibited contact
order has been made in relation to
the person's detention; or
(b) the name of a person specified in
a prohibited contact order that has
been made in relation to the
person's detention.
65. Section 34 amended (Contacting lawyer)
Section 34 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(3A) If the police officer who is detaining a
person under a preventative detention
order has reasonable grounds to believe
that
(a) the person is unable, because of
inadequate knowledge of the
English language, or a disability,
to communicate with reasonable
fluency in that language; and
(b) the person may have difficulties
in choosing or contacting a
lawyer because of that inability
55
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 66 Part 20 Terrorism (Preventative Detention) Act 2005 Amended
the police officer must give the person
reasonable assistance (including, if
appropriate, by arranging for the
assistance of an interpreter) to choose
and contact a lawyer under
subsection (1).
66. Section 51 amended (Annual report)
Section 51(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (e) "year."
and substituting "year;";
(b) by inserting the following paragraph after
paragraph (e):
(f) the number of preventative
detention orders, and the number
of prohibited contact orders, that
a court has found not to have
been validly made or that the
Administrative Appeals Tribunal
has declared to be void.
56
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
Part 21 Victims of Crime Assistance Act 1976 Amended s. 67
PART 21 VICTIMS OF CRIME ASSISTANCE ACT
1976 AMENDED
67. Principal Act
In this Part, the Victims of Crime Assistance Act
1976* is referred to as the Principal Act.
68. Section 40A inserted
After section 40 of the Principal Act, the
following section is inserted in Part 4:
40A. Protection from liability
A Commissioner is not liable, and an
action does not lie against him or her, on
account of anything done under the
authority of this Act, or done in good
faith purportedly under the authority of
this Act, or on account of any omission
made in good faith in the administration
of this Act.
*No. 32 of 1976
57
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2006
Act No. of
s. 69 Part 22 Youth Justice Act 1997 Amended
PART 22 YOUTH JUSTICE ACT 1997 AMENDED
69. Principal Act
In this Part, the Youth Justice Act 1997* is
referred to as the Principal Act.
70. Section 49A amended (Court may impose single,
general or mixed sentence)
Section 49A(1) of the Principal Act is amended
by omitting "convicted" and substituting "found
guilty".
*No. 81 of 1997
58 Government Printer, Tasmania