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TASMANIA
__________
JUSTICE AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2015
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - ACTS INTERPRETATION ACT 1931 AMENDED
3. Principal Act
4. Section 30A inserted
30A. Electronic service of infringement notices
PART 3 - ADMINISTRATION AND PROBATE ACT 1935 AMENDED
5. Principal Act
6. Section 13A inserted
13A. Grant of administration to adult
7. Section 14 amended (Provisions as to the number of personal
representatives and where minority or life interest)
8. Section 25 repealed
9. Section 40 amended (Powers of personal representative as to
appropriation)
PART 4 - APPEAL COSTS FUND ACT 1968 AMENDED
10. Principal Act
11. Section 5 amended (Additional fee to be paid in certain cases)
[Bill 26]-IV
12. Section 5A amended (Annual statement by Registrar of Workers
Rehabilitation and Compensation Tribunal)
13. Section 5B amended (Annual statement by Registrar of Asbestos
Compensation Tribunal)
PART 5 - APPEAL COSTS FUND REGULATIONS 2013 AMENDED
14. Principal Regulations
15. Regulation 4 amended (Additional fees payable in Supreme
Court)
PART 6 - BAIL ACT 1994 AMENDED
16. Principal Act
17. Section 3 amended (Interpretation)
18. Section 5 amended (Police bail)
19. Section 7 amended (Conditions to which bail is subject)
20. Section 10 amended (Power of arrest on contravention of
condition of bail)
PART 7 - BUILDING AND CONSTRUCTION INDUSTRY SECURITY
OF PAYMENT ACT 2009 AMENDED
21. Principal Act
22. Section 4 amended (Interpretation)
PART 8 - CIVIL LIABILITY ACT 2002 AMENDED
23. Principal Act
24. Section 28E amended (Abolition of certain actions)
PART 9 - DEBTORS ACT 1888 AMENDED
25. Principal Act
26. Section 5 amended (Penalty for failing to appear on summons)
PART 10 - ENVIRONMENTAL MANAGEMENT AND POLLUTION
CONTROL ACT 1994 AMENDED
27. Principal Act
28. Section 3 amended (Interpretation)
29. Section 94 amended (Provisions relating to seizure)
30. Section 97 amended (Environment Protection Fund)
2
PART 11 - HEALTH COMPLAINTS ACT 1995 AMENDED
31. Principal Act
32. Section 25 amended (Assessment)
PART 12 - INTEGRITY COMMISSION ACT 2009 AMENDED
33. Principal Act
34. Section 53 amended (Application for use of surveillance device)
35. Section 75 amended (Application for use of surveillance device)
PART 13 - JUSTICES ACT 1959 AMENDED
36. Principal Act
37. Section 39A inserted
39A. Appearance via audio or audio visual link
PART 14 - OCCUPATIONAL LICENSING ACT 2005 AMENDED
38. Principal Act
39. Section 3 amended (Interpretation)
PART 15 - OMBUDSMAN ACT 1978 AMENDED
40. Principal Act
41. Section 16A repealed
PART 16 - POWERS OF ATTORNEY ACT 2000 AMENDED
42. Principal Act
43. Section 32AH amended (Effect of ademptions of testamentary
gifts by attorney under enduring power of attorney)
PART 17 - PUBLIC INTEREST DISCLOSURES ACT 2002 AMENDED
44. Principal Act
45. Section 60 amended (Public body to establish procedures that
comply with guidelines and standards)
PART 18 - RECORDS OF OFFENCES (ACCESS) ACT 1981
AMENDED
46. Principal Act
47. Section 3 amended (Interpretation)
3
PART 19 - RIGHT TO INFORMATION ACT 2009 AMENDED
48. Principal Act
49. Section 6 amended (Exclusions of certain persons or bodies)
PART 20 - SEARCH WARRANTS ACT 1997 AMENDED
50. Principal Act
51. Section 23 amended (Laws relating to taking forensic samples
not affected)
PART 21 - SURROGACY ACT 2012 AMENDED
52. Principal Act
53. Section 4 amended (Interpretation)
PART 22 - TESTATOR'S FAMILY MAINTENANCE ACT 1912
AMENDED
54. Principal Act
55. Section 2 amended (Interpretation)
PART 23 - VICTIMS OF CRIME ASSISTANCE ACT 1976 AMENDED
56. Principal Act
57. Section 8 amended (Restriction on publicity of proceedings)
PART 24 - REPEAL OF ACT
58. Repeal of Act
4
JUSTICE AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2015
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
19 August 2015
(Brought in by the Premier, the Honourable William Edward
Felix Hodgman)
A BILL FOR
An Act to amend the Acts Interpretation Act 1931, the
Administration and Probate Act 1935, the Bail Act 1994, the
Environmental Management and Pollution Control Act
1994, the Justices Act 1959 and various other justice-
related Acts
Be it enacted by Her 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
2015.
[Bill 26] 5
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
s. 2 Part 1 - Preliminary
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
6
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
Part 2 - Acts Interpretation Act 1931 Amended s. 3
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 30A inserted
After section 30 of the Principal Act, the
following section is inserted:
30A. Electronic service of infringement notices
An infringement notice -
(a) may be served electronically if
the intended recipient of the
notice consents to such service;
and
(b) is taken to have been served on
the intended recipient if it is sent
electronically to an address or
number provided for that
purpose.
*No. 59 of 1931
7
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
s. 5 Part 3 - Administration and Probate Act 1935 Amended
PART 3 - ADMINISTRATION AND PROBATE ACT
1935 AMENDED
5. Principal Act
In this Part, the Administration and Probate Act
1935* is referred to as the Principal Act.
6. Section 13A inserted
After section 13 of the Principal Act, the
following section is inserted in Division I:
13A. Grant of administration to adult
The Court may grant letters of
administration to a person aged 18 years
or more, whether or not the person
resides in Tasmania.
7. Section 14 amended (Provisions as to the number of
personal representatives and where minority or life
interest)
Section 14(2) of the Principal Act is amended by
omitting "committee" and substituting
"administrator".
8. Section 25 repealed
Section 25 of the Principal Act is repealed.
*No. 38 of 1935
8
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
Part 3 - Administration and Probate Act 1935 Amended s. 9
9. Section 40 amended (Powers of personal
representative as to appropriation)
Section 40(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b)
"committee of his estate" and
substituting "administrator";
(b) by omitting from paragraph (d)
"committee of his estate" and
substituting "administrator".
9
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
s. 10 Part 4 - Appeal Costs Fund Act 1968 Amended
PART 4 - APPEAL COSTS FUND ACT 1968 AMENDED
10. Principal Act
In this Part, the Appeal Costs Fund Act 1968* is
referred to as the Principal Act.
11. Section 5 amended (Additional fee to be paid in
certain cases)
Section 5 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "of
summons";
(b) by omitting from subsection (1) "plaint"
and substituting "claim";
(c) by omitting from subsection (4) "of
summons";
(d) by omitting from subsection (4) "plaint"
first occurring and substituting "claim";
(e) by omitting from subsection (4) "plaint"
second occurring and substituting
"claim".
*No. 57 of 1968
10
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
Part 4 - Appeal Costs Fund Act 1968 Amended s. 12
12. Section 5A amended (Annual statement by
Registrar of Workers Rehabilitation and
Compensation Tribunal)
Section 5A(3) of the Principal Act is amended
by omitting "plaint" and substituting "claim".
13. Section 5B amended (Annual statement by
Registrar of Asbestos Compensation Tribunal)
Section 5B(3) of the Principal Act is amended by
omitting "plaint in a court of requests" and
substituting "claim in the Magistrates Court
(Civil Division)".
11
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
s. 14 Part 5 - Appeal Costs Fund Regulations 2013 Amended
PART 5 - APPEAL COSTS FUND REGULATIONS 2013
AMENDED
14. Principal Regulations
In this Part, the Appeal Costs Fund Regulations
2013* are referred to as the Principal
Regulations.
15. Regulation 4 amended (Additional fees payable in
Supreme Court)
Regulation 4 of the Principal Regulations is
amended as follows:
(a) by omitting from paragraph (a) "of
summons";
(b) by omitting from paragraph (b) "plaint"
and substituting "claim".
*S.R. 2013, No. 96
12
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
Part 6 - Bail Act 1994 Amended s. 16
PART 6 - BAIL ACT 1994 AMENDED
16. Principal Act
In this Part, the Bail Act 1994* is referred to as
the Principal Act.
17. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
inserting after the definition of contravene the
following definition:
intervention program means a program that
provides -
(a) supervised treatment; or
(b) supervised rehabilitation; or
(c) supervised behaviour
management; or
(d) supervised access to support
services; or
(e) a combination of any of the
matters referred to in
paragraphs (a), (b), (c) and (d) -
designed to address behavioural
problems (including problem gambling),
substance abuse, alcohol abuse or mental
impairment;
*No. 9 of 1994
13
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
s. 18 Part 6 - Bail Act 1994 Amended
18. Section 5 amended (Police bail)
Section 5 of the Principal Act is amended by
inserting after subsection (5C) the following
subsection:
(5D) Subsection (5C) does not apply if the
person arrested is later released
unconditionally.
19. Section 7 amended (Conditions to which bail is
subject)
Section 7 of the Principal Act is amended as
follows:
(a) by omitting from subsection (5)(b)
"bail." and substituting "bail; or";
(b) by inserting the following paragraphs
after paragraph (b) in subsection (5):
(c) the person admitted to bail be
assessed for his or her suitability
for participation in an
intervention program, provided
that the person consents to such
an assessment; or
(d) subject to subsection (5A), the
person admitted to bail undertake
an intervention program.
(c) by inserting the following subsection
after subsection (5):
14
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
Part 6 - Bail Act 1994 Amended s. 20
(5A) Before imposing a condition
under subsection (5)(d), the court
must satisfy itself that -
(a) the person consents to the
imposition of such a
condition; and
(b) the person is eligible for
the services to be included
in the program; and
(c) the intervention program
is available for the person
to participate in at a
suitable place and time.
20. Section 10 amended (Power of arrest on
contravention of condition of bail)
Section 10 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) Subsection (2) does not apply if the
person arrested is later released
unconditionally.
15
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
s. 21 Part 7 - Building and Construction Industry Security of Payment Act 2009
Amended
PART 7 - BUILDING AND CONSTRUCTION
INDUSTRY SECURITY OF PAYMENT ACT 2009
AMENDED
21. Principal Act
In this Part, the Building and Construction
Industry Security of Payment Act 2009* is
referred to as the Principal Act.
22. Section 4 amended (Interpretation)
Section 4 of the Principal Act is amended as
follows:
(a) by omitting "Code" second occurring
from the definition of Building Code of
Australia and substituting "Codes";
(b) by omitting "Building Regulations 2004"
from paragraph (f) of the definition of
fire safety system and substituting
"Building Regulations 2014".
*No. 86 of 2009
16
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
Part 8 - Civil Liability Act 2002 Amended s. 23
PART 8 - CIVIL LIABILITY ACT 2002 AMENDED
23. Principal Act
In this Part, the Civil Liability Act 2002* is
referred to as the Principal Act.
24. Section 28E amended (Abolition of certain actions)
Section 28E of the Principal Act is amended by
inserting after paragraph (b) the following
paragraphs:
(ba) maintenance;
(bb) champerty;
*No. 54 of 2002
17
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
s. 25 Part 9 - Debtors Act 1888 Amended
PART 9 - DEBTORS ACT 1888 AMENDED
25. Principal Act
In this Part, the Debtors Act 1888* is referred to
as the Principal Act.
26. Section 5 amended (Penalty for failing to appear on
summons)
Section 5 of the Principal Act is amended by
omitting "0.2 penalty unit" and substituting "10
penalty units".
*No. 37 of 1888
18
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
Part 10 - Environmental Management and Pollution Control Act 1994 s. 27
Amended
PART 10 - ENVIRONMENTAL MANAGEMENT AND
POLLUTION CONTROL ACT 1994 AMENDED
27. Principal Act
In this Part, the Environmental Management and
Pollution Control Act 1994* is referred to as the
Principal Act.
28. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
inserting after the definition of coastal waters of
the State the following definition:
Commissioner means the Commissioner of
Police appointed under the Police Service
Act 2003;
29. Section 94 amended (Provisions relating to seizure)
Section 94 of the Principal Act is amended as
follows:
(a) by omitting subsection (2) and
substituting the following subsection:
(2) Where a seizure order is issued
under this Division, a person
must not remove or interfere with
*No. 44 of 1994
19
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
s. 29 Part 10 - Environmental Management and Pollution Control Act 1994
Amended
the thing to which the order
relates without the approval of -
(a) the Director; or
(b) in the case of a seizure
order issued by a police
officer, the
Commissioner; or
(c) in the case of a seizure
order issued by a council
officer, the council -
before an order is made under
subsection (4) in respect of the
thing, or the seizure order is
discharged under subsection (5).
Penalty: Fine not exceeding 40
penalty units.
(b) by inserting in subsection (3)
", Commissioner" after "unless the
Director";
(c) by inserting in subsection (3)
", Commissioner" after "as the Director";
(d) by inserting in subsection (4)(a)
", Commissioner" after "Director";
(e) by inserting in subsection (4)(b)
", Commissioner" after "forfeited to the
Director";
20
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
Part 10 - Environmental Management and Pollution Control Act 1994 s. 30
Amended
(f) by inserting in subsection (4)(b)
", Commissioner" after "pay to the
Director";
(g) by inserting in subsection (5)
", Commissioner" after "Director".
30. Section 97 amended (Environment Protection
Fund)
Section 97(2)(d) of the Principal Act is amended
as follows:
(a) by inserting "or Commissioner" after
"paid to the Director";
(b) by inserting "or Commissioner" after
"forfeited to the Director".
21
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
s. 31 Part 11 - Health Complaints Act 1995 Amended
PART 11 - HEALTH COMPLAINTS ACT 1995
AMENDED
31. Principal Act
In this Part, the Health Complaints Act 1995* is
referred to as the Principal Act.
32. Section 25 amended (Assessment)
Section 25 of the Principal Act is amended by
inserting after subsection (1C) the following
subsection:
(1CA) If there is a delay in obtaining
information sought by the Commissioner,
the Commissioner may extend the period
referred to in subsection (1) for such time
as is necessary to allow the provision and
consideration of the requested
information.
*No. 95 of 1995
22
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
Part 12 - Integrity Commission Act 2009 Amended s. 33
PART 12 - INTEGRITY COMMISSION ACT 2009
AMENDED
33. Principal Act
In this Part, the Integrity Commission Act 2009*
is referred to as the Principal Act.
34. Section 53 amended (Application for use of
surveillance device)
Section 53(2) of the Principal Act is amended as
follows:
(a) by omitting "Division 3" and substituting
"Divisions 2 and 3";
(b) by omitting "applies" and substituting
"apply".
35. Section 75 amended (Application for use of
surveillance device)
Section 75(2) of the Principal Act is amended as
follows:
(a) by omitting "Division 3" and substituting
"Divisions 2 and 3";
(b) by omitting "applies" and substituting
"apply".
*No. 67 of 2009
23
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
s. 36 Part 13 - Justices Act 1959 Amended
PART 13 - JUSTICES ACT 1959 AMENDED
36. Principal Act
In this Part, the Justices Act 1959* is referred to
as the Principal Act.
37. Section 39A inserted
After section 39 of the Principal Act, the
following section is inserted in Part VI:
39A. Appearance via audio or audio visual link
Where, in any proceedings, a defendant
who is in custody will not be giving
evidence or making submissions, he or
she may appear at those proceedings via
audio link or audio visual link, both
within the meaning of the Evidence
(Audio and Audio Visual Links) Act
1999, as if he or she were giving
evidence under that Act.
*No. 77 of 1959
24
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
Part 14 - Occupational Licensing Act 2005 Amended s. 38
PART 14 - OCCUPATIONAL LICENSING ACT 2005
AMENDED
38. Principal Act
In this Part, the Occupational Licensing Act
2005* is referred to as the Principal Act.
39. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
omitting the definition of specified person.
*No. 47 of 2005
25
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
s. 40 Part 15 - Ombudsman Act 1978 Amended
PART 15 - OMBUDSMAN ACT 1978 AMENDED
40. Principal Act
In this Part, the Ombudsman Act 1978* is
referred to as the Principal Act.
41. Section 16A repealed
Section 16A of the Principal Act is repealed.
*No. 82 of 1978
26
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
Part 16 - Powers of Attorney Act 2000 Amended s. 42
PART 16 - POWERS OF ATTORNEY ACT 2000
AMENDED
42. Principal Act
In this Part, the Powers of Attorney Act 2000* is
referred to as the Principal Act.
43. Section 32AH amended (Effect of ademptions of
testamentary gifts by attorney under enduring
power of attorney)
Section 32AH of the Principal Act is amended
by inserting after subsection (4) the following
subsections:
(4A) An application under subsection (4) is to
be made not later than 3 months after the
date of the grant of probate of the will, or
letters of administration of the estate, of
the deceased person.
(4B) The Supreme Court may extend the
period referred to in subsection (4A) if it
considers it necessary.
*No. 68 of 2000
27
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
s. 44 Part 17 - Public Interest Disclosures Act 2002 Amended
PART 17 - PUBLIC INTEREST DISCLOSURES ACT
2002 AMENDED
44. Principal Act
In this Part, the Public Interest Disclosures Act
2002* is referred to as the Principal Act.
45. Section 60 amended (Public body to establish
procedures that comply with guidelines and
standards)
Section 60 of the Principal Act is amended as
follows:
(a) by inserting in subsection (3) "large"
after "A";
(b) by inserting the following subsections
after subsection (3):
(4) In this section -
GBE means a Government
Business Enterprise
within the meaning of the
Government Business
Enterprises Act 1995;
large public body includes -
(a) a State Service
Agency; and
*No. 16 of 2002
28
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
Part 17 - Public Interest Disclosures Act 2002 Amended s. 45
(b) a council within
the meaning of the
Local Government
Act 1993; and
(c) a GBE; and
(d) a State-owned
company;
State-owned company means a
company that is
incorporated under the
Corporations Act and is
controlled by -
(a) the Crown; or
(b) a GBE; or
(c) a statutory
authority; or
(d) another company
which is itself
controlled by an
entity referred to
in paragraph (a),
(b) or (c).
(5) For the purposes of the definition
of State-owned company in
subsection (4), the provisions of
the Corporations Act relating to
control are taken to apply as if the
Crown, GBE or statutory
29
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
s. 45 Part 17 - Public Interest Disclosures Act 2002 Amended
authority, as the case may be,
were a corporation under that
Act.
30
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
Part 18 - Records of Offences (Access) Act 1981 Amended s. 46
PART 18 - RECORDS OF OFFENCES (ACCESS) ACT
1981 AMENDED
46. Principal Act
In this Part, the Records of Offences (Access) Act
1981* is referred to as the Principal Act.
47. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting the definition of
infringement notice and substituting the
following definition:
infringement notice means an
infringement notice within the
meaning of the Monetary
Penalties Enforcement Act 2005;
(b) by omitting paragraph (c) from the
definition of prescribed record and
substituting the following paragraph:
(c) records information as to whether
or not a person has been taken to
have been convicted under
section 20 of the Monetary
Penalties Enforcement Act 2005 -
*No. 61 of 1981
31
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
s. 48 Part 19 - Right to Information Act 2009 Amended
PART 19 - RIGHT TO INFORMATION ACT 2009
AMENDED
48. Principal Act
In this Part, the Right to Information Act 2009*
is referred to as the Principal Act.
49. Section 6 amended (Exclusions of certain persons or
bodies)
Section 6(1) of the Principal Act is amended by
inserting after paragraph (l) the following
paragraph:
(la) the Parole Board;
*No. 70 of 2009
32
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
Part 20 - Search Warrants Act 1997 Amended s. 50
PART 20 - SEARCH WARRANTS ACT 1997 AMENDED
50. Principal Act
In this Part, the Search Warrants Act 1997* is
referred to as the Principal Act.
51. Section 23 amended (Laws relating to taking
forensic samples not affected)
Section 23 of the Principal Act is amended by
omitting "Criminal Process (Identification and
Search Procedures) Act 1976" and substituting
"Forensic Procedures Act 2000".
*No. 34 of 1997
33
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
s. 52 Part 21 - Surrogacy Act 2012 Amended
PART 21 - SURROGACY ACT 2012 AMENDED
52. Principal Act
In this Part, the Surrogacy Act 2012* is referred
to as the Principal Act.
53. Section 4 amended (Interpretation)
Section 4 of the Principal Act is amended by
inserting after the definition of accredited
counsellor the following definition:
approved form means a form approved by the
Chief Magistrate;
*No. 34 of 2012
34
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
Part 22 - Testator's Family Maintenance Act 1912 Amended s. 54
PART 22 - TESTATOR'S FAMILY MAINTENANCE
ACT 1912 AMENDED
54. Principal Act
In this Part, the Testator's Family Maintenance
Act 1912* is referred to as the Principal Act.
55. Section 2 amended (Interpretation)
Section 2 of the Principal Act is amended as
follows:
(a) by omitting the definition of stepchild
from subsection (1) and substituting the
following definition:
stepchild means, in relation to a
person -
(a) a child of that person's
spouse; and
(b) a child whose natural
parent was the spouse of
that person at the time of
the natural parent's death;
(b) by omitting subsection (2) and
substituting the following subsection:
(2) For the avoidance of doubt, the
definition of stepchild, as
*No. 7 of 1912
35
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
s. 55 Part 22 - Testator's Family Maintenance Act 1912 Amended
substituted by the Justice and
Related Legislation
(Miscellaneous Amendments) Act
2015, does not apply in respect of
a claim against the estate of a
person whose death occurred
before the commencement of that
Act.
36
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
Part 23 - Victims of Crime Assistance Act 1976 Amended s. 56
PART 23 - VICTIMS OF CRIME ASSISTANCE ACT
1976 AMENDED
56. Principal Act
In this Part, the Victims of Crime Assistance Act
1976* is referred to as the Principal Act.
57. Section 8 amended (Restriction on publicity of
proceedings)
Section 8(2) of the Principal Act is amended by
inserting after paragraph (a) the following
paragraph:
(ab) in any electronic form; or
*No. 32 of 1976
37
Justice and Related Legislation (Miscellaneous Amendments) Act
2015
Act No. of
s. 58 Part 24 - Repeal of Act
PART 24 - REPEAL OF ACT
58. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
38 Government Printer, Tasmania