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TASMANIA
__________
JUSTICE AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2016
__________
CONTENTS
1. Short title
2. Commencement
3. Legislation amended
4. Repeal of Act
Schedule 1 - Legislation Amended
[Bill 58]-IV
2
JUSTICE AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2016
(Brought in by the Minister for Building and Construction, the
Honourable Guy Barnett)
A BILL FOR
An Act to amend the Acts Interpretation Act 1931, the
Supreme Court Civil Procedure Act 1932 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:
1. Short title
This Act may be cited as the Justice and Related
Legislation (Miscellaneous Amendments) Act
2016.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Legislation amended
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
[Bill 58] 3
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4. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
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SCHEDULE 1 - LEGISLATION AMENDED
Section 3
Acts Interpretation Act 1931
1. Section 23AA is amended by inserting after
subsection (5) the following subsection:
(5A) If a function or power is delegated by a
particular officer or the holder of a
particular office or position -
(a) the delegation does not cease to
have effect merely because the
person who was the particular
officer or the holder of the
particular office or position when
the function or power was
delegated ceases to be that officer
or the holder of that office or
position; and
(b) the authority of the delegate to
exercise that power or perform
that function continues until that
authority is terminated by notice
in writing by the particular officer
or the holder for the time being of
the relevant office or position.
Administrative Arrangements Act 1990
1. Section 8 is repealed.
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Annulled Convictions Act 2003
1. Section 3(1) is amended by omitting paragraph
(e) from the definition of Justice Agency and
substituting:
(e) the Department of Immigration and
Border Protection of the Commonwealth;
2. Schedule 1 is amended by omitting "Australian
Customs Service established by section 4 of the
Customs Administration Act 1985" from clause 4
of Part 2 and substituting "Department of
Immigration and Border Protection".
Bail Act 1994
1. Section 7(1) is amended by inserting after
paragraph (a) the following paragraphs:
(ab) the Registrar of the Supreme Court; or
(ac) an officer of the Supreme Court
appointed in writing by the Registrar of
the Supreme Court; or
Coroners Act 1995
1. Section 3A is amended as follows:
(a) by omitting from paragraph (d) "son or
daughter" twice occurring and
substituting "child";
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(b) by omitting from paragraph (g) "brother
or sister" twice occurring and
substituting "sibling".
2. Section 53(3) is amended by omitting "The
coroner may" and substituting "If a coroner
determines that the assistance of counsel is
required, the coroner must".
3. Section 59(7) is amended by inserting ", other
than evidentiary material, within the meaning of
section 59B, that is dealt with in accordance with
subsection (4) of that section," after "this
section".
4. After section 59A, the following section is
inserted in Part 8:
59B. Disposal, &c., of evidence that cannot be
practicably or safely held
(1) In this section -
evidentiary material means any
article, substance or thing that -
(a) has been seized or has otherwise
come into the possession of a
police officer; and
(b) is or could be relevant to
proceedings or prospective
proceedings under this Act.
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(2) This section applies if the Coroner is
satisfied on reasonable grounds that it is
impracticable or unsafe to hold or
continue holding any evidentiary
material.
(3) The Coroner may order the
Commissioner of Police to cause the
evidentiary material to be -
(a) rendered safe or inert (if
necessary by treating,
repackaging or breaking up the
evidentiary material); or
(b) destroyed or otherwise disposed
of.
(4) However, before any action is taken
under subsection (3), the Commissioner
of Police must ensure -
(a) that a photographic or audio-
visual record of the evidentiary
material is taken; and
(b) where practicable, that -
(i) 2 or more samples are
taken of the evidentiary
material; and
(ii) each of those samples is a
true representation of the
nature of the evidentiary
material.
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(5) The Commissioner must ensure that the
samples so taken are kept securely for as
long as they are reasonably likely to be
required for evidentiary purposes.
Criminal Procedure (Attendance of Witnesses) Act 1996
1. Section 17 is amended by omitting subsections
(1) and (2) and substituting the following
subsections:
(1) Unless otherwise ordered by the Court,
the following people are entitled to be
paid expenses in accordance with this
section:
(a) any person who gives evidence in
a criminal proceeding at the
request of the prosecution;
(b) any person whom a Crown Law
officer certifies as having
attended at any place at the
request of the prosecution to give
such evidence.
(2) The Court may order the payment of
expenses to any person who attends at
any place for the purpose of giving
evidence in a criminal proceeding.
Evidence Act 2001
1. Section 160(1) is amended by omitting "on the
fourth working day after having been posted"
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and substituting "in accordance with the
requirements of the Australian Postal
Corporation (Performance Standards)
Regulations 1998 of the Commonwealth".
Legal Profession Act 2007
1. Section 331 is amended by inserting after
subsection (5) the following subsection:
(6) The costs assessor may order that the
party who is liable to pay the costs of
assessment pay to the Court a fee of not
more than 4% of the amount allowed on
the costs assessment.
Personal Information Protection Act 2004
1. After section 12, the following section is inserted
in Division 2:
12A. Disclosure of information to Solicitor-
General, &c.
A personal information custodian may
disclose to the following people personal
information that is relevant for the
purpose of obtaining legal advice:
(a) the Solicitor-General appointed
and holding office under the
Solicitor-General Act 1983;
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(b) any person employed in relation
to the functions or duties of the
Solicitor-General;
(c) the Director of Public
Prosecutions appointed and
holding office under the Director
of Public Prosecutions Act 1973;
(d) any person employed in relation
to the functions or duties of the
Director of Public Prosecutions;
(e) the Crown Solicitor for Tasmania
appointed under the State Service
Act 2000;
(f) any person employed in relation
to the functions or duties of the
Crown Solicitor.
2. Section 19 is amended by inserting after
subsection (1) the following subsection:
(1A) If the Ombudsman has conducted a
preliminary assessment under
subsection (1), the Ombudsman may
resolve the complaint without
investigating it if, having regard to the
nature and seriousness of the complaint,
the Ombudsman believes the complaint
may be resolved expeditiously.
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Property Agents and Land Transactions Act 2005
1. After section 113, the following section is
inserted in Division 4:
113A. President may delegate powers in case of
conflict of interest
(1) Notwithstanding section 112(2) and
section 113, if the President of the
Tribunal considers that he or she has a
potential conflict of interest in a hearing
before the Tribunal, he or she may
choose another member of the Panel to
be the third Tribunal member.
(2) The president may delegate his or her
functions and powers to any one of the
Tribunal members and that member is to
act as President for the purposes of the
hearing.
Public Interest Disclosures Act 2002
1. Section 87(1) is amended by inserting after
paragraph (c) the following paragraph:
(d) the Integrity Commission; or
Registration to Work with Vulnerable People Act 2013
1. Section 49A is amended as follows:
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(a) by inserting the following paragraph after
paragraph (a) in subsection (1):
(ab) if the person engages in a
regulated activity allowed by the
registration for an employer and
the Registrar is aware of that
employer, the Registrar is to
notify that employer, in writing,
of the suspension while the
additional risk assessment is
conducted; and
(b) by omitting from subsection (2)(c)
"registration." and substituting
"registration; and";
(c) by inserting the following paragraph after
paragraph (c) in subsection (2):
(d) if the person engages in a
regulated activity allowed by the
registration for an employer and
the Registrar is aware of that
employer, is to notify that
employer, in writing, of the
interim suspension.
2. Section 52A is amended as follows:
(a) by omitting subsections (1) and (2) and
substituting the following subsection:
(1) If the Registrar reasonably
considers that an entity may have
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information relevant to the
Registrar's powers and functions
under Part 5 or 6, the Registrar,
by written notice provided to the
entity, may require the entity to
deliver or provide to the Registrar
any information or document, or
a copy of a document, in its
possession or to which it has
access, as specified in the notice.
(b) by omitting from subsection (4)
"subsection (2)" and substituting
"subsection (1)";
(c) by omitting from subsection (5)
"subsection (2)" and substituting
"subsection (1)";
(d) by omitting from subsection (5)
"relevant" first occurring;
(e) by omitting subsection (6) and
substituting the following subsection:
(6) An entity or a body required or
requested to deliver or provide
any information, document or
copy of a document under this
section must -
(a) comply with the
requirement or request; or
(b) provide a reasonable
excuse for its failure to
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comply with the
requirement or request.
Penalty: Fine not exceeding 200
penalty units or
imprisonment for a term
not exceeding 2 years, or
both.
(f) by omitting from subsection (8)
"subsection (2) or (5), a relevant entity"
and substituting "subsection (1) or (5), an
entity or a body";
(g) by inserting in subsection (8) "or body"
after "the entity".
Residential Tenancy Act 1997
1. Section 25(3) is amended by omitting "3" and
substituting "10".
Victims of Crime Compensation Act 1994
1. Section 7 is repealed and the following section is
substituted:
7. When compensation levy is to be paid
(1) For the purposes of section 5, the
compensation levy is to be paid -
(a) if the person is sentenced to a
term of imprisonment that is not
wholly suspended, within 28 days
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after the person's release from
prison; or
(b) if the person is not sentenced to a
term of imprisonment, or is
sentenced to a term of
imprisonment that is wholly
suspended, within 28 days after
the date of sentencing.
(2) Notwithstanding subsection (1), a court
may order that the compensation levy is
to be paid within a period of less than 28
days after the date of sentencing.
16 Government Printer, Tasmania