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JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2004 NO. 43
TABLE OF PROVISIONS
Contents
Part 1--Preliminary
1. Short title
2. Commencement
3. Acts amended in schedule
Part 2--Amendment of Bail Act 1980
4. Act amended in this pt
5. Amendment of s 6 (Definitions)
6. Amendment of s 14 (Release of persons apprehended on making deposit of money as security for appearance)
7. Amendment of s 15 (Procedure upon application for bail)
8. Amendment of s 16 (Refusal of bail)
Part 3--Amendment of Births, Deaths and Marriages Registration Act 2003
9. Act amended in this pt
10. Amendment of s 13 (Application to change child's first name within a year of birth)
11. Amendment of s 15 (Change of name by registration)
12. Amendment of s 16 (Application to register change of adult's name)
13. Amendment of s 17 (Application to register change of child's name)
14. Amendment of s 19 (Registration of change of name)
15. Amendment of s 20 (Notation of change of name other than by registration)
16. Amendment of s 21 (Limit on number of name changes)
17. Amendment of s 41 (Registering events in register)
18. Amendment of s 43 (Inquiry to ensure register correct)
Part 4--Amendment of Children Services Tribunal Act 2000
19. Act amended in this pt
20. Amendment of s 11 (Selection)
Part 5--Amendment of Civil Liability Act 2003
21. Act amended in this pt
22. Amendment of s 5 (Civil liability excluded from Act)
23. Amendment of s 38 (Interpretation)
24. Amendment of s 39 (Protection of volunteers)
25. Insertion of new pt hdg
26. Insertion of new ch 5, pt 2
Part 6--Amendment of Criminal Code
27. Code amended in this pt
28. Amendment of s 98C (Bribery)
Part 7--Amendment of Criminal Law (Rehabilitation of Offenders) Act 1986
29. Act amended in this pt
30. Amendment of s 3 (Interpretation)
31. Amendment of s 10 (Permit to disclose convictions)
32. Insertion of new s 14
Part 8--Amendment of Criminal Proceeds Confiscation Act 2002
33. Act amended in this pt
34. Amendment of s 8 (Proceeding other than for offence is not criminal proceeding)
35. Amendment of s 19 (Meaning of property)
36. Insertion of new ss 39A-39D
36A. Amendment of s 87 (Enforcement of order against property under effective control)
37. Amendment of s 104 (Meaning of tainted property)
38. Insertion of new ss 131A-131D
39. Amendment of s 200 (Application for special forfeiture order)
40. Amendment of s 220 (Application of proceeds to satisfy order)
41. Replacement of s 258 (Publication of proceedings)
Part 9--Amendment of Drug Rehabilitation (Court Diversion) Act 2000
42. Act amended in this pt
43. Amendment of s 47 (Expiry of Act)
Part 10--Amendment of Guardianship and Administration Act 2000
44. Act amended in this pt
45. Amendment of s 18 (Inquiries about appropriateness and competence)
46. Amendment of s 26 (Automatic revocation)
47. Amendment of s 86 (Appointment of president and deputy presidents)
48. Amendment of s 90 (Appointment of other tribunal members)
49. Amendment of s 91 (Selection)
50. Amendment of s 111 (Use of technology)
51. Amendment of s 145E (Mediator must disclose conflict of interest)
52. Amendment of sch 2 (Types of matters)
Part 11--Amendment of Jury Act 1995
53. Act amended in this pt
54. Amendment of s 70 (Confidentiality of jury deliberations)
Part 12--Amendment of Justices Act 1886
55. Act amended in this pt
56. Amendment of s 142A (Permissible procedure in absence of defendant in certain cases)
Part 13--Amendment of Land and Resources Tribunal Act 1999
57. Act amended in this pt
58. Amendment of s 27A (Membership of other decision-making entity)
59. Amendment of s 39 (General requirements for constituting tribunal for proceeding)
Part 14--Amendment of Land Court Act 2000
60. Act amended in this pt
61. Amendment of s 16 (Appointment of president and other members of Land Court)
62. Amendment of s 42 (Retirement of members)
Part 15--Amendment of Magistrates Act 1991
63. Act amended in this pt
64. Amendment of s 23 (Decisions about constituting Magistrates Courts)
Part 16--Amendment of Peace and Good Behaviour Act 1982
65. Act amended in this pt
66. Amendment of s 4 (Complaint in respect of breach of the peace)
Part 17--Amendment of Penalties and Sentences Act 1992
67. Act amended in this pt
68. Amendment of s 4 (Definitions)
69. Amendment of s 9 (Sentencing guidelines)
70. Amendment of s 15 (Information on sentence)
71. Amendment of s 57 (Matters to be considered on application)
72. Amendment of s 67 (Directions under fine option order)
73. Amendment of s 68 (Period mentioned in s 66(2) may be extended)
74. Amendment of s 114 (General requirements of intensive correction order)
75. Amendment of s 128 (Summons or warrant for contravention of single community based order)
76. Amendment of s 129 (Summons or warrant for contravention of multiple orders made by courts of different jurisdictions)
77. Amendment of s 135 (Directions under community based order)
78. Amendment of s 154 (Calculation of term of imprisonment)
79. Omission of s 158 (Imprisonment to have effect from arrest)
80. Amendment of s 161 (Time held in presentence custody to be deducted)
81. Insertion of new s 195A
82. Insertion of new s 197
83. Insertion of new s 212
84. Amendment of sch (Serious violent offences)
Part 18--Amendment of Personal Injuries Proceedings Act 2002
85. Act amended in this pt
86. Amendment of s 9A (Particular provision for notice of a claim procedure for medical negligence cases)
87. Insertion of new s 77DA
Part 19--Amendment of Police Service Administration Act 1990
88. Act amended in this pt
89. Amendment of s 10.5 (Liability for tort generally)
Part 20--Amendment of Powers of Attorney Act 1998
90. Act amended in this pt
91. Amendment of s 29 (Meaning of eligible attorney)
92. Insertion of new s 59AA
93. Amendment of sch 2 (Types of matters)
94. Amendment of sch 3 (Dictionary)
Part 21--Amendment of Public Trustee Act 1978
95. Act amended in this pt
96. Amendment of s 30 (Election to administer estates under $100 000 without grant of administration)
97. Amendment of s 31 (Appointment of public trustee in the place of existing personal representative)
98. Amendment of s 33 (Consequences of election)
99. Amendment of s 35 (Administration of small estates)
100. Amendment of s 43 (Legacies or shares of person under a disability etc. may be paid to public trustee)
101. Amendment of s 45 (Administration of benefit funds)
102. Amendment of s 48 (General powers)
103. Amendment of s 51 (Public trustee may hold property to which mentally incapable beneficiary is entitled)
104. Amendment of s 54 (Where residue may be paid to spouse)
105. Amendment of s 88 (Disposal of property on death where value under $50 000)
106. Amendment of s 104 (Manner in which public trustee may become administrator)
Part 22--Amendment of Regulatory Offences Act 1985
107. Act amended in this pt
108. Amendment of s 5 (Unauthorised dealing with shop goods)
Part 23--Amendment of Succession Act 1981
109. Act amended in this pt
110. Amendment of s 41 (Estate of deceased person liable for maintenance)
Part 24--Amendment of Supreme Court Act 1995
111. Act amended in this pt
112. Amendment of s 18 (Actions how brought)
113. Amendment of s 22 (Payment into court in one sum)
114. Insertion of new ss 23A-23D
Part 25--Amendment of Transport Operations (Road Use Management) Act 1995
115. Act amended in this pt
116. Insertion of new s 131A
Part 26--Amendment of Trustee Companies Act 1968
117. Act amended in this pt
118. Replacement of s 66B (Restriction on giving guarantees)
119. Amendment of sch 2
SCHEDULE MINOR AMENDMENTS
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