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TASMANIA
__________
JUSTICE (DELEGATED LEGISLATION)
BILL 2002
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 ADMISSION TO COURTS ACT 1916 AMENDED
3. Principal Act
4. Section 1A amended (Interpretation)
5. Section 2 amended (Regulations)
6. Section 7 inserted
7. Transition to new regulations
PART 3 CORONERS ACT 1995 AMENDED
7. Principal Act
8. Section 3 amended (Interpretation)
9. Section 10 amended (Appointment, &c., of coroners)
10. Section 13 amended (Delegation by coroner)
11. Section 18 amended (Functions and powers of State
Forensic Pathologist)
12. Section 34 amended (Power to restrict entry to place
where death occurred)
[Bill 82]-III
13. Section 49 amended (Restriction of access to fire or
explosion area)
14. Section 69A inserted
69A. Rules of court
15. Section 70 amended (Regulations)
16. Section 72A inserted
72A. Transition from regulations to rules
PART 4 JUSTICES ACT 1959 AMENDED
17. Principal Act
18. Section 3 amended (Interpretation)
19. Section 50A amended (Justices' record)
20. Section 77 amended (Costs)
21. Section 136A amended (Recording of depositions and
proceedings)
22. Section 144 amended (Rules of court)
23. Section 145 substituted
145. Regulations
146. Transitional provision: rules and regulations
PART 5 MAGISTRATES COURT ACT 1987 AMENDED
24. Principal Act
25. Section 3 amended (Interpretation)
26. Part IIA inserted
PART IIA Rules
15AC. Magistrates Rule Committee
15AD. Meetings and procedure of committee
15AE. Committee may make rules of court
27. Section 19B inserted
19B. Transitional provision: membership of committee
PART 6 MAGISTRATES COURT (ADMINISTRATIVE
APPEALS DIVISION) ACT 2001 AMENDED
28. Principal Act
29. Section 3 amended (Interpretation)
2
30. Section 51 substituted
51. Rules of court
31. Section 55 inserted
55. Transitional: rules of court
PART 7 MAGISTRATES COURT (CHILDREN'S
DIVISION) ACT 1998 AMENDED
32. Principal Act
33. Section 23 repealed
PART 8 MAGISTRATES COURT (CIVIL DIVISION) ACT
1992 AMENDED
34. Principal Act
35. Section 3 amended (Interpretation)
36. Section 16 amended (Duties, &c., of bailiffs)
37. Section 19 amended (Practice and procedure to be in
accordance with rules of court)
38. Sections 20, 21 and 22 repealed
39. Section 27 amended (Judgment)
40. Section 34 amended (Practitioners' charges)
41. Section 37 amended (Witnesses)
42. Section 39B inserted
39B. Rules of court
43. Section 43A inserted
43A. Transitional provision: rules of court
PART 9 MINERAL RESOURCES DEVELOPMENT ACT
1995 AMENDED
44. Principal Act
45. Section 3 amended (Interpretation)
46. Section 131 amended (Hearings and proceedings)
47. Section 133 amended (Orders of Mining Tribunal)
48. Section 134 amended (Ejection or seizure)
3
PART 10 RECORDS OF OFFENCES (ACCESS) ACT
1981 AMENDED
49. Principal Act
50. Section 3 amended (Interpretation)
51. Section 12 substituted
12. Rules of court
52. Sections 12A and 12B inserted
12A. Regulations
12B. Transitional provision: rules and regulations
4
JUSTICE (DELEGATED LEGISLATION)
BILL 2002
(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,
Coroners Act 1995, Justices Act 1959, Magistrates
Court Act 1987, Magistrates Court (Administrative
Appeals Division) Act 2001, Magistrates Court
(Children's Division) Act 1998, Magistrates Court
(Civil Division) Act 1992, Mineral Resources
Development Act 1995 and Records of Offences
(Access) Act 1981
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 (Delegated
Legislation) Act 2002.
Commencement
2. The provisions of this Act commence on a day or days to
be proclaimed.
[Bill 82] 5
s. 3 No. Justice (Delegated Legislation) 2002
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 1A amended (Interpretation)
4. Section 1A of the Principal Act is amended as follows:
(a) by inserting the following definition after the
definition of "court":
"lower courts" means lower courts
within the meaning of the
Magistrates Court Act 1987;
(b) by omitting `a "lower court", within the
meaning of the Magistrates Court Act 1987'
from paragraph (b) of the definition of
"registrar" and substituting "lower courts".
Section 2 amended (Regulations)
5. Section 2 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "on the
recommendation of the judges" and
substituting "on the recommendation of the
judges as regards the Supreme Court or the
magistrates as regards lower courts";
*No. 12 of 1916
6
2002 Justice (Delegated Legislation) No. s. 5
(b) by omitting from subsection (1)(a) "any court"
and substituting "courts";
(c) by omitting from subsection (1)(b) "any court"
and substituting "courts";
(d) by omitting from subsection (1)(c) "any court"
and substituting "courts";
(e) by omitting from subsection (1)(d) "any court"
and substituting "courts";
(f) by inserting the following subsections after
subsection (3):
(3A) Regulations made under this
section may
(a) authorise any matter to be
determined, applied or regulated
by
(i) in the case of regulations for
the Supreme Court, the
Chief Justice or another
person specified in the
regulations; and
(ii) in the case of regulations for
a lower court, the Chief
Magistrate or another
person, or a body, specified
in the regulations; and
(b) provide for the appointment of
persons to give directions to
authorized officers and the giving
of those directions.
(3B) Regulations made under this
section for any court may contain provisions of
7
s. 6 No. Justice (Delegated Legislation) 2002
a savings or transitional nature consequent on
the enactment of the Justice (Delegated
Legislation) Act 2002.
(3C) A provision referred to in
subsection (3B) may, if the regulations so
provide, take effect on the day on which Part 2
of the Justice (Delegated Legislation) Act 2002
commences or a later day.
Section 7 inserted
6. After section 6 of the Principal Act, the following
section is inserted:
Transition to new regulations
7. (1) In this section
"new regulations" means regulations made
under this Act as amended by the
Transition Act;
"old regulations" means the regulations in
force under this Act immediately before
the transition day (the "Admission to
Courts Regulations 1995");
"Transition Act" means the Justice
(Delegated Legislation) Act 2002;
"transition day" means the day on which
Part 2 of the Transition Act commences.
(2) Notwithstanding the amendments made to
this Act by Part 2 of the Transition Act
(a) the old regulations continue in force on
and after the transition day, and may be
amended as if the Transition Act had not
8
2002 Justice (Delegated Legislation) No. s. 6
been enacted, until new regulations first
take effect; and
(b) if the first new regulations to take effect
do not apply to a particular court, the old
regulations continue in force in their
application to that court, and may be
amended accordingly by the Governor
(on the recommendation of the judges) as
if the Transition Act had not been
enacted, until new regulations applying
to that court take effect.
(3) The Governor, on the recommendation of
the judges, may rescind the old regulations.
9
s. 7 No. Justice (Delegated Legislation) 2002
PART 3 CORONERS ACT 1995 AMENDED
Principal Act
7. In this Part, the Coroners Act 1995* is referred to as
the Principal Act.
Section 3 amended (Interpretation)
8. Section 3 of the Principal Act is amended as follows:
(a) by inserting the following definition after the
definition of "investigation":
"Magistrates Rule Committee"
means the committee referred to
in section 15AC of the Magistrates
Court Act 1987;
(b) by inserting the following definition after the
definition of "police officer":
"prescribed" means prescribed by the
rules referred to in section 69A;
(c) by inserting the following definition after the
definition of "prison officer":
"regulations" means regulations made
and in force under this Act;
*No. 73 of 1995
10
2002 Justice (Delegated Legislation) No. s. 9
Section 10 amended (Appointment, &c., of coroners)
9. Section 10(3) of the Principal Act is amended by
omitting "prescribed." and substituting "prescribed by the
regulations.".
Section 13 amended (Delegation by coroner)
10. Section 13(1) of the Principal Act is amended by
omitting "a prescribed power or this power of delegation"
and substituting "this power of delegation or a power
prescribed by the regulations".
Section 18 amended (Functions and powers of State
Forensic Pathologist)
11. Section 18(1)(g) of the Principal Act is amended by
omitting "prescribed." and substituting "prescribed by the
regulations.".
Section 34 amended (Power to restrict entry to place
where death occurred)
12. Section 34(7) of the Principal Act is amended by
omitting "in regulations made under this Act or, if no such
regulations are made," and substituting "or, if the
application procedure is not prescribed,".
Section 49 amended (Restriction of access to fire or
explosion area)
13. Section 49(7) of the Principal Act is amended by
omitting "in regulations made under this Act or, if no such
regulations are made," and substituting "or, if the
application procedure is not prescribed,".
11
s. 14 No. Justice (Delegated Legislation) 2002
Section 69A inserted
14. After section 69 of the Principal Act, the following
section is inserted in Part 8:
Rules of court
69A. Rules of court made for this Act by the
Magistrates Rule Committee may, without limiting
the generality of the committee's powers, make
provision for or with respect to all or any of the
following:
(a) the practice and procedure at, or
preliminary or incidental to, inquests
and the recording of proceedings at
inquests;
(b) the form of oath to be taken by persons
appointed to record or transcribe
proceedings at inquests;
(c) the summoning and attendance of
witnesses at inquests;
(d) the conditions relating to the conduct of
an autopsy;
(e) the issue of certificates authorising the
disposal of human remains;
(f) the manner of dealing with exhibits.
Section 70 amended (Regulations)
15. Section 70 of the Principal Act is amended as follows:
(a) by omitting subsection (2) and substituting the
following subsection:
12
2002 Justice (Delegated Legislation) No. s. 16
(2) Without limiting the generality of
subsection (1), regulations under this section
may prescribe
(a) fees and charges payable in
respect of any matter under this
Act; and
(b) expenses and allowances payable
to witnesses or other persons
under this Act.
(b) by omitting from subsection (3)(c) ", or a
failure to comply with,".
Section 72A inserted
16. After section 72 of the Principal Act, the following
section is inserted in Part 8:
Transition from regulations to rules
72A. (1) In this section
"remade", for regulations, means the
rescission of all of those regulations and
the making of new regulations in
substitution for those regulations;
"rules" means rules of court made for this Act
by the Magistrates Rule Committee on
or after the transition day;
"Transition Act" means the Justice
(Delegated Legislation) Act 2002;
"transition day" means the day on which
Part 3 of the Transition Act commences.
13
s. 16 No. Justice (Delegated Legislation) 2002
(2) Notwithstanding the amendments made to
this Act by Part 3 of the Transition Act, the
regulations that were in force under this Act
immediately before the transition day (the "Coroners
Regulations 1996")
(a) continue in force on and after that day
as if the Transition Act had not been
enacted; and
(b) may, until rules take effect, be amended
or remade as if the Transition Act had
not been enacted.
(3) After rules take effect, the Coroners
Regulations 1996, unless sooner amended or remade
consequent on the making of those rules or
rescinded, continue in force only to the extent that
they are not inconsistent with those rules.
14
2002 Justice (Delegated Legislation) No. s. 17
PART 4 JUSTICES ACT 1959 AMENDED
Principal Act
17. In this Part, the Justices Act 1959* is referred to as
the Principal Act.
Section 3 amended (Interpretation)
18. Section 3(1) of the Principal Act is amended as follows:
(a) by inserting the following definition after the
definition of "magistrate":
"Magistrates Rule Committee"
means the committee referred to
in section 15AC of the Magistrates
Court Act 1987;
(b) by inserting the following definition after the
definition of "police officer":
"prescribed" means
(a) prescribed in the rules
referred to in section 144; or
(b) prescribed in regulations
made under section 145;
*No. 77 of 1959
15
s. 19 No. Justice (Delegated Legislation) 2002
Section 50A amended (Justices' record)
19. Section 50A(2) of the Principal Act is amended by
omitting "relevant fee prescribed in the rules made under
section 144" and substituting "relevant prescribed fee".
Section 77 amended (Costs)
20. Section 77(4)(d) of the Principal Act is amended by
omitting "by the rules made under section 144".
Section 136A amended (Recording of depositions
and proceedings)
21. Section 136A(a) of the Principal Act is amended by
omitting "in the rules made under section 144".
Section 144 amended (Rules of court)
22. Section 144 of the Principal Act is amended as follows:
(a) by omitting subsection (1);
(b) by omitting from subsection (4) "Without
prejudice to the generality of subsection (1),
the power to make rules conferred by this
section includes the power to" and substituting
"Rules of court made by the Magistrates Rule
Committee for this Act may, without limiting
the generality of the committee's powers,";
(c) by omitting paragraphs (f) and (fa) from
subsection (4);
(d) by omitting from subsection (4)(fb) "Act and
the fees, costs, and charges payable in respect
16
2002 Justice (Delegated Legislation) No. s. 23
of those appeals and reviews; and" and
substituting "Act.";
(e) by omitting paragraph (g) from subsection (4);
(f) by omitting subsection (5);
(g) by omitting from subsection (6) "under this
section".
Section 145 substituted
23. Section 145 of the Principal Act is repealed and the
following sections are substituted:
Regulations
145. (1) The Governor may make regulations
(a) for the purposes of Part III; and
(b) prescribing the fees, costs and charges
under this Act, or under any other Act
for the time being in force, so far as they
relate to any matter or proceeding as to
which justices have jurisdiction,
including fees for service and execution
of process, including service by post; and
(c) prescribing the travelling and other
expenses payable to witnesses under
this Act and the advances, whether
periodical or otherwise, that may be
made to those witnesses on account of
those expenses; and
(d) prescribing the fees, costs and charges
payable in respect of appeals to
magistrates and reviews of orders by
magistrates; and
17
s. 23 No. Justice (Delegated Legislation) 2002
(e) prescribing or providing for any other
matter about which regulations are
expressly or impliedly authorised or
required by this Act to be made.
(2) The regulations may
(a) be made so as to apply differently
according to matters, limitations or
restrictions, whether as to time,
circumstance or otherwise, specified in
the regulations; and
(b) authorise any matter to be from time to
time determined or regulated by the
Chief Magistrate or another magistrate,
the Secretary or a person specified in the
regulations.
Transitional provision: rules and regulations
146. (1) In this section
"new regulations" means regulations made
under section 145 after the transition
day;
"new rules" means rules of court made for
this Act by the Magistrates Rule
Committee on or after the transition
day;
"old rules" means the rules of procedure in
force under section 144 immediately
before the transition day (the "Justices
Rules 1976");
"transition day" means the day on which
Part 4 of the Justice (Delegated
Legislation) Act 2002 commences.
18
2002 Justice (Delegated Legislation) No. s. 23
(2) Notwithstanding the amendments made to
this Act by Part 4 of the Justice (Delegated
Legislation) Act 2002, the old rules continue in force
on and after the transition day to the extent that
they are not inconsistent with any new rules or new
regulations and may be
(a) amended by the Governor, to the extent
that the amendments are not
inconsistent with any new rules or new
regulations, as if that Act had not been
enacted; or
(b) rescinded by the Governor.
19
s. 24 No. Justice (Delegated Legislation) 2002
PART 5 MAGISTRATES COURT ACT 1987
AMENDED
Principal Act
24. In this Part, the Magistrates Court Act 1987* is
referred to as the Principal Act.
Section 3 amended (Interpretation)
25. Section 3 of the Principal Act is amended by inserting
after the definition of "Chief Magistrate" the following
definition:
"committee" means the committee continued in
existence by section 15AC under the name
"Magistrates Rule Committee";
Part IIA inserted
26. After section 15AB of the Principal Act, the following
Part is inserted:
PART IIA RULES
Magistrates Rule Committee
15AC. (1) The former rules committee continues
under the name "Magistrates Rule Committee".
(2) The committee consists of
(a) the Chief Magistrate who is the
presiding member; and
*No. 45 of 1987
20
2002 Justice (Delegated Legislation) No. s. 26
(b) the Deputy Chief Magistrate; and
(c) the magistrates; and
(d) a person appointed by the Minister on
the nomination of the Tasmanian Bar
Association; and
(e) a person appointed by the Minister on
the nomination of the Law Society of
Tasmania.
(3) The Minister may require the body
referred to in subsection (2)(d) or (e) to nominate a
person within a specified period (being a period not
less than 30 days).
(4) If the body fails to nominate a person
within that period, the Minister may make the
nomination.
(5) If the body referred to in subsection (2)(d)
or (e) changes its name, the Governor may, by order,
amend the relevant paragraph by substituting the
body's new name.
(6) If the body referred to in paragraph (d) or
(e) of subsection (2) ceases to exist, the Governor
may, by order made on the recommendation of the
committee, amend the relevant paragraph by
substituting the name of a body which the Governor
is satisfied substantially represents the interests
represented by the body that has ceased to exist.
(7) The Minister may, on the recommendation
of the body referred to in paragraph (d) or (e) of
subsection (2), appoint a deputy of the committee
member referred to in the relevant paragraph.
(8) If the committee member referred to in
subsection (2)(d) or (e) is unable to attend a meeting
21
s. 26 No. Justice (Delegated Legislation) 2002
of the committee for any reason, the member's
deputy may attend and, when so doing, is taken to
be a member of the committee with all the powers,
rights and duties of a member.
(9) All acts and proceedings of the committee
while a deputy is acting in place of a member of the
committee are valid and effectual for all purposes.
(10) A committee member referred to in
subsection (2)(d) or (e) and any deputy of that
member holds office for the term set out in his or her
instrument of appointment.
(11) In this section, "former rules
committee" means the committee referred to in
section 20 of the Magistrates Court (Civil Division)
Act 1992 as in force immediately before the
commencement of the Justice (Delegated Legislation)
Act 2002.
Meetings and procedure of committee
15AD. (1) Meetings of the Magistrates Rule
Committee are to be convened by or on the direction
of the Chief Magistrate.
(2) The quorum for a meeting of the committee
is 8, of whom one is to be the Chief Magistrate or
Deputy Chief Magistrate.
(3) If the presiding member is unable to attend
a meeting of the committee, the Deputy Chief
Magistrate must preside at the meeting.
(4) A telephone or video conference between
members of the committee is a meeting of the
committee at which the members participating in
the conference are present.
22
2002 Justice (Delegated Legislation) No. s. 26
(5) Except as provided by this section, the
committee may regulate its own proceedings.
Committee may make rules of court
15AE. (1) The Magistrates Rule Committee may
make rules of court for all or any of the following:
(a) the divisions of the Magistrates Court;
(b) courts of summary jurisdiction;
(c) except as may be provided by any Act,
other lower courts;
(d) except as may be provided by any Act,
special proceedings.
(2) Rules made under subsection (1) for any
court, division of a court or special proceedings may,
subject to any relevant enactment
(a) regulate the practice and procedure of
that court or division or those
proceedings; and
(b) make provision for or in relation to the
enforcement of judgments and orders of
that court or division or magistrate
presiding over those proceedings; and
(c) make provision for or in relation to
mediation and conciliation conferences
including, but not limited to, the
following matters:
(i) the appointment of mediators and
conciliators and their powers and
functions;
23
s. 26 No. Justice (Delegated Legislation) 2002
(ii) the conduct of such conferences
and associated procedures;
(iii) the consequences of such
conferences or the failure of such
conferences; and
(d) make provision for or in relation to any
other matters as expressly or impliedly
authorised by that enactment; and
(e) make provision for any incidental or
ancillary matters related to the
jurisdiction and business of that court or
division or related to the conduct of
those proceedings.
(3) Rules made under subsection (1) for any
court, division of a court or special proceedings
may
(a) authorise any matter to be from time to
time determined, applied or regulated
by
(i) the Chief Magistrate, a magistrate
or coroner or other judicial officer
specified in the rules; and
(ii) the Administrator, a registrar or
other court official specified in the
rules; and
(b) be made so as to apply differently
according to matters, limitations or
restrictions, whether as to time or
circumstance or otherwise, specified in
the rules; and
(c) provide that a contravention of any of
the rules is an offence; and
24
2002 Justice (Delegated Legislation) No. s. 26
(d) in respect of such an offence, provide for
the imposition of a fine not exceeding 10
penalty units and, in the case of a
continuing offence, a further fine not
exceeding one penalty unit for each day
during which the offence continues; and
(e) contain provisions of a savings or
transitional nature consequent on the
enactment of the Justice (Delegated
Legislation) Act 2002, and any such
provision may, if the rules so provide,
take effect on the day of commencement
of any Part of that Act specified in the
rules or a later day.
(4) Rules of court are statutory rules within
the meaning of the Rules Publication Act 1953.
(5) The committee may delegate any of its
functions or powers, other than this power of
delegation, to the Chief Magistrate.
(6) In this section
"relevant enactment" means
(a) the enactment under which a court
or a division of a court is
established or constituted, or
under which provision is made for
special proceedings; or
(b) any other enactment having
application to that court or
division or to those proceedings;
"special proceedings" means applications,
appeals or other proceedings that are
required to be presided over by a
magistrate and for which, under the
25
s. 27 No. Justice (Delegated Legislation) 2002
relevant enactment, rules of court are
expressly or impliedly authorised or
required to be made by the committee.
Section 19B inserted
27. After section 19A of the Principal Act, the following
section is inserted in Part IV:
Transitional provision: membership of
committee
19B. (1) In this section
"former committee" means the Rules
Committee of Magistrates Court (Civil
Division) as constituted under Division 1
of Part 5 of the Magistrates Court (Civil
Division) Act 1992 immediately before
the transition day;
"new committee" means the committee
continued by section 15AC under the
name "Magistrates Rule Committee";
"transition day" means the day on which
Part 5 of the Justice (Delegated
Legislation) Act 2002 commences.
(2) A person who was an appointed member of
the former committee immediately before the
transition day continues in office on and after that
day as a member of the new committee, under and
subject to this Act, for the remainder of the term of
office set out in the instrument by which the person
was appointed to the former committee.
26
2002 Justice (Delegated Legislation) No. s. 28
PART 6 MAGISTRATES COURT
(ADMINISTRATIVE APPEALS DIVISION) ACT 2001
AMENDED
Principal Act
28. In this Part, the Magistrates Court (Administrative
Appeals Division) Act 2001* is referred to as the Principal
Act.
Section 3 amended (Interpretation)
29. Section 3(1) of the Principal Act is amended as follows:
(a) by inserting the following definition after the
definition of "Magistrates Court":
"Magistrates Rule Committee"
means the committee referred to
in section 15AC of the Magistrates
Court Act 1987;
(b) by omitting the definition of "rules of court"
and substituting the following definition:
"rules of court" means rules of court
made for this Act by the
Magistrates Rule Committee.
Section 51 substituted
30. Section 51 of the Principal Act is repealed and the
following section is substituted:
*No. 72 of 2001
27
s. 31 No. Justice (Delegated Legislation) 2002
Rules of court
51. The rules of court may, without limiting the
generality of the Magistrates Rule Committee's
powers, make provision for or with respect to all or
any of the following:
(a) the commencement of proceedings in the
Court;
(b) the practice and procedure to be followed
in, or for the purposes of, proceedings
before the Court;
(c) the means for, and the practice and
procedure to be followed in, the
enforcement and execution of decisions
of the Court;
(d) the functions of the registrar or other
officers under this Act, including
functions in relation to proceedings
instituted before the Court.
Section 55 inserted
31. After section 54 of the Principal Act, the following
section is inserted in Part 7:
Transitional: rules of court
55. (1) In this section
"new rules" means rules of court made for
this Act by the Magistrates Rule
Committee on or after the transition
day;
28
2002 Justice (Delegated Legislation) No. s. 31
"old rules" means the rules of court in force
under section 51 immediately before the
transition day;
"Transition Act" means the Justice
(Delegated Legislation) Act 2002;
"transition day" means the day on which
Part 6 of the Transition Act commences.
(2) Notwithstanding the amendments made to
this Act by Part 6 of the Transition Act, the old
rules
(a) continue in force on and after the
transition day until new rules take
effect; and
(b) may be amended by the Magistrates
Rule Committee, for which purpose the
committee has and may exercise any
power expressly or impliedly conferred
on it under section 15AE of the
Magistrates Court Act 1987.
(3) The Magistrates Rule Committee may
rescind the old rules.
29
s. 32 No. Justice (Delegated Legislation) 2002
PART 7 MAGISTRATES COURT (CHILDREN'S
DIVISION) ACT 1998 AMENDED
Principal Act
32. In this Part, the Magistrates Court (Children's
Division) Act 1998* is referred to as the Principal Act.
Section 23 repealed
33. Section 23 of the Principal Act is repealed.
*No. 1 of 1998
30
2002 Justice (Delegated Legislation) No. s. 34
PART 8 MAGISTRATES COURT (CIVIL DIVISION)
ACT 1992 AMENDED
Principal Act
34. In this Part, the Magistrates Court (Civil Division) Act
1992* is referred to as the Principal Act.
Section 3 amended (Interpretation)
35. Section 3 of the Principal Act is amended as follows:
(a) by inserting the following definition after the
definition of "Magistrates Court":
"Magistrates Rule Committee"
means the committee referred to
in section 15AC of the Magistrates
Court Act 1987;
(b) by omitting the definition of "Rules
Committee";
(c) by omitting the definition of "Rules of Court"
and substituting the following definition:
"rules of court" means rules of court
made for this Act by the
Magistrates Rule Committee;
Section 16 amended (Duties, &c., of bailiffs)
36. Section 16 of the Principal Act is amended as follows:
*No. 27 of 1992
31
s. 37 No. Justice (Delegated Legislation) 2002
(a) by omitting from subsection (4) "Rules of
Court" and substituting "rules of court";
(b) by omitting from subsection (6) "Rules of
Court." and substituting "rules of court.".
Section 19 amended (Practice and procedure to be
in accordance with rules of court)
37. Section 19 of the Principal Act is amended as follows:
(a) by omitting "this Part and";
(b) by omitting "Rules of Court." and substituting
"rules of court.".
Sections 20, 21 and 22 repealed
38. Sections 20, 21 and 22 of the Principal Act are
repealed.
Section 27 amended (Judgment)
39. Section 27 of the Principal Act is amended by omitting
"Rules of Court," and substituting "rules of court,".
Section 34 amended (Practitioners' charges)
40. Section 34 of the Principal Act is amended by omitting
"Rules of Court." and substituting "rules of court.".
32
2002 Justice (Delegated Legislation) No. s. 41
Section 37 amended (Witnesses)
41. Section 37(1) of the Principal Act is amended by
omitting "Rules of Court," and substituting "rules of
court,".
Section 39B inserted
42. After section 39A of the Principal Act, the following
section is inserted in Part 7:
Rules of court
39B. The rules of court may, without limiting the
generality of the Magistrates Rule Committee's
powers, make provision for or with respect to all or
any of the following:
(a) the enforcement of judgments and orders
of the Court;
(b) mediation and conciliation conferences,
including
(i) the appointment of mediators and
conciliators; and
(ii) the conduct of conferences; and
(iii) the procedure to be followed
before, at and after conferences;
and
(iv) the giving of directions and
making of orders by persons who
conduct conferences; and
(v) the effect of conferences; and
33
s. 43 No. Justice (Delegated Legislation) 2002
(vi) judgment following conferences or
the failure of persons to attend
conferences.
Section 43A inserted
43. After section 43 of the Principal Act, the following
section is inserted in Part 7:
Transitional provision: rules of court
43A. (1) In this section
"new rules" means rules of court made for
this Act by the Magistrates Rule
Committee on or after the transition
day;
"old rules" means the rules of court in force
under Part 5 immediately before the
transition day;
"Transition Act" means the Justice
(Delegated Legislation) Act 2002;
"transition day" means the day on which
Part 8 of the Transition Act commences.
(2) Notwithstanding the amendments made to
this Act by Part 8 of the Transition Act, the old
rules
(a) continue in force on and after the
transition day until new rules take
effect; and
(b) may be amended by the Magistrates
Rule Committee, for which purpose the
committee has and may exercise any
power expressly or impliedly conferred
34
2002 Justice (Delegated Legislation) No. s. 43
on it under section 15AE of the
Magistrates Court Act 1987.
(3) The Magistrates Rule Committee may
rescind the old rules.
35
s. 44 No. Justice (Delegated Legislation) 2002
PART 9 MINERAL RESOURCES DEVELOPMENT
ACT 1995 AMENDED
Principal Act
44. In this Part, the Mineral Resources Development Act
1995* is referred to as the Principal Act.
Section 3 amended (Interpretation)
45. Section 3 of the Principal Act is amended by inserting
after the definition of "licensee" the following definition:
"Magistrates Court (Civil Division)" means the
division of the Magistrates Court established
under section 4 of the Magistrates Court (Civil
Division) Act 1992;
Section 131 amended (Hearings and proceedings)
46. Section 131(1) of the Principal Act is amended by
omitting "is to be in accordance with Rules of Court under
the Magistrates Court (Civil Division) Act 1992." and
substituting "is to be in accordance with the rules of court
applicable to the Magistrates Court (Civil Division).".
Section 133 amended (Orders of Mining Tribunal)
47. Section 133(5)(a) of the Principal Act is amended by
omitting "Civil Division of the Magistrates Court of
Tasmania" and substituting "Magistrates Court (Civil
Division)".
*No. 116 of 1995
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2002 Justice (Delegated Legislation) No. s. 48
Section 134 amended (Ejection or seizure)
48. Section 134(2)(b) of the Principal Act is amended by
omitting "Civil Division of the Magistrates Court of
Tasmania." and substituting "Magistrates Court (Civil
Division).".
37
s. 49 No. Justice (Delegated Legislation) 2002
PART 10 RECORDS OF OFFENCES (ACCESS) ACT
1981 AMENDED
Principal Act
49. In this Part, the Records of Offences (Access) Act 1981*
is referred to as the Principal Act.
Section 3 amended (Interpretation)
50. Section 3(1) of the Principal Act is amended as follows:
(a) by inserting the following definition after the
definition of "infringement notice":
"Magistrates Rule Committee"
means the committee referred to
in section 15AC of the Magistrates
Court Act 1987;
(b) by omitting the definition of "the rules" and
substituting the following definition:
"rules" means rules of court made for
this Act by the Magistrates Rule
Committee.
Section 12 substituted
51. Section 12 of the Principal Act is repealed and the
following section is substituted:
*No. 61 of 1981
38
2002 Justice (Delegated Legislation) No. s. 52
Rules of court
12. The rules of court may, without limiting the
generality of the Magistrates Rule Committee's
powers, make provision for or with respect to any or
all of the following:
(a) the attendance of witnesses at hearings
of applications under section 8;
(b) the giving and admissibilty of evidence
at hearings of applications under
section 8;
(c) the powers of magistrates in relation to
the matters referred to in paragraphs (a)
and (b);
(d) the form of any application or notice.
Sections 12A and 12B inserted
52. After section 12 of the Principal Act, the following
sections are inserted:
Regulations
12A. (1) The Governor may make regulations for
the purposes of this Act.
(2) Without limiting the generality of
subsection (1), the regulations may
(a) prescribe the travelling and other
expenses payable to persons who are
witnesses at hearings of applications
under section 8; and
(b) prescribe fees and charges in relation to
any matter under this Act.
39
s. 52 No. Justice (Delegated Legislation) 2002
(3) The regulations may
(a) be made so as to apply differently
according to matters, limitations or
restrictions, whether as to time,
circumstance or otherwise, specified in
the regulations; and
(b) authorise any matter to be from time to
time determined or regulated by a
magistrate.
Transitional provision: rules and regulations
12B. (1) In this section
"new rules" means rules of court made for
this Act by the Magistrates Rule
Committee on or after the transition
day;
"old rules" means the rules of procedure and
practice in force under section 12
immediately before the transition day;
"regulations" means regulations made under
section 12A on or after the transition
day;
"transition day" means the day of
commencement of Part 10 of the Justice
(Delegated Legislation) Act 2002.
(2) Notwithstanding the amendments made to
this Act by Part 10 of the Justice (Delegated
Legislation) Act 2002, the old rules continue in force
on and after the transition day to the extent that
they are not inconsistent with any new rules or
regulations and may be
40
2002 Justice (Delegated Legislation) No. s. 52
(a) amended by the Governor, to the extent
that the amendments are not
inconsistent with any new rules or
regulations, as if that Act had not been
enacted; or
(b) rescinded by the Governor.
Government Printer, Tasmania 41