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TASMANIA
__________
JUSTICE AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2005
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - CLASSIFICATION (PUBLICATIONS, FILMS AND
COMPUTER GAMES) ENFORCEMENT ACT 1995
AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 81 amended (Defence to offences with respect to minors
and children)
PART 3 - CLASSIFICATION (PUBLICATIONS, FILMS AND
COMPUTER GAMES) ENFORCEMENT ACT 1995
AMENDED
6. Principal Act
7. Section 3 amended (Interpretation)
8. Section 22 amended (RC or X 18+ film not to be exhibited in
public place)
9. Section 23 amended (RC, X 18+, R 18+ or MA 15+ film not to
be exhibited if visible from public place)
10. Section 24 amended (Unclassified RC, X 18+, R 18+ or MA 15+
film not to be exhibited if visible from public place)
[Bill 3]-I
11. Section 25 amended (RC, X 18+ or R 18+ film not to be
exhibited privately in presence of minor)
12. Section 26 amended (Unclassified RC, X 18+ or R 18+ film not
to be exhibited in presence of minor)
13. Section 27 amended (R 18+ or MA 15+ film not to be exhibited
on premises where films sold)
14. Section 28 amended (R 18+ film not to be exhibited in public
place in presence of minor)
15. Section 29 amended (Parent not to allow minor to attend
exhibition of R 18+ film)
16. Section 30 amended (Minor not to attend exhibition of R 18+
film)
17. Section 31 amended (MA 15+ film not to be exhibited in public
place in presence of unaccompanied minor)
18. Section 32 amended (Unclassified film not to be sold or
delivered)
19. Section 33 amended (Classified film not to be sold or delivered
under different title or in altered form)
20. Section 36 amended (RC or X 18+ film not to be sold or
delivered)
21. Section 37 amended (R 18+ film not to be sold or delivered to
minor)
22. Section 38 amended (MA 15+ film not to be sold or delivered to
minor under 15)
23. Section 39 amended (Minor who is 15 or older not to buy R 18+
film)
24. Section 43 amended (Review Committee to make
recommendation to Minister after review)
25. Section 53 amended (RC or MA 15+ computer game not to be
demonstrated in public place)
26. Section 55 amended (MA 15+ computer game not to be sold or
delivered to minor under 15)
27. Section 57 amended (Certain advertisements for films,
publications and computer games not to be published)
28. Section 58 amended (Film advertisement not to be screened
during public exhibition of other film of lower classification)
2
29. Section 59 amended (Film not to be sold or delivered with
advertisement for film of higher classification)
30. Section 60 amended (Computer game not to be sold or delivered
with advertisement for computer game of higher classification)
31. Section 77A amended (Forfeiture of other seized publications,
films and computer games)
32. Section 88B inserted
88B. Transitional provisions (2005 amendments)
PART 4 - CRIMINAL CODE ACT 1924 AMENDED
33. Principal Act
34. Principal Act amended
PART 5 - JUSTICES ACT 1959 AMENDED
35. Principal Act
36. Section 106A amended (Interpretation of Part XA)
PART 6 - RESIDENTIAL TENANCY ACT 1997 AMENDED
37. Principal Act
38. Section 42 amended (Notice to vacate by owner)
39. Section 43 amended (Effect of notice to vacate)
PART 7 - SENTENCING ACT 1997 AMENDED
40. Principal Act
41. Section 42 amended (Breach of probation order)
42. Section 81A amended (Court may receive victim impact
statement)
PART 8 - SUPREME COURT CIVIL PROCEDURE ACT 1932
AMENDED
43. Principal Act
44. Section 197 amended (Power of judges to make Rules of Court)
3
4
JUSTICE AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2005
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Classification (Publications, Films and
Computer Games) Enforcement Act 1995, the Criminal Code
Act 1924, the Justices Act 1959, the Residential Tenancy Act
1997, the Sentencing Act 1997 and the Supreme Court Civil
Procedure Act 1932
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
1. Short title
This Act may be cited as the Justice and Related
Legislation (Miscellaneous Amendments) Act
2005.
2. Commencement
(1) This Act, except as provided in subsection (2),
commences on the day on which this Act
receives the Royal Assent.
(2) Part 3 commences on the commencement of
Schedule 1 to the Classification (Publications,
[Bill 3] 5
s. 2 No. Justice and Related Legislation 2005
(Miscellaneous Amendments)
Films and Computer Games) Amendment Act
2004 of the Commonwealth.
6
2005 Justice and Related Legislation No. s. 3
(Miscellaneous Amendments)
PART 2 - CLASSIFICATION (PUBLICATIONS, FILMS
AND COMPUTER GAMES) ENFORCEMENT ACT 1995
AMENDED
3. Principal Act
In this Part, the Classification (Publications,
Films and Computer Games) Enforcement Act
1995* is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
omitting "minor under 16" from the definition of
"child" and substituting "person under 18".
5. Section 81 amended (Defence to offences with
respect to minors and children)
Section 81(2) of the Principal Act is amended by
omitting "16" and substituting "18".
*No. 105 of 1995
7
s. 6 No. Justice and Related Legislation 2005
(Miscellaneous Amendments)
PART 3 - CLASSIFICATION (PUBLICATIONS, FILMS
AND COMPUTER GAMES) ENFORCEMENT ACT 1995
AMENDED
6. Principal Act
In this Part, the Classification (Publications,
Films and Computer Games) Enforcement Act
1995* is referred to as the Principal Act.
7. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of "Code" and
substituting the following definition:
"Code" means the National
Classification Code, set out in the
Schedule to the Commonwealth
Act as originally enacted, as
amended in accordance with
section 6 of the Commonwealth
Act;
(b) by omitting "M(15+), MA(15+)" from
the definition of "contentious material"
and substituting "M, MA 15+".
*No. 105 of 1995
8
2005 Justice and Related Legislation No. s. 8
(Miscellaneous Amendments)
8. Section 22 amended (RC or X 18+ film not to be
exhibited in public place)
Section 22 of the Principal Act is amended by
omitting "X" and substituting "X 18+".
9. Section 23 amended (RC, X 18+, R 18+ or MA 15+
film not to be exhibited if visible from public place)
Section 23 of the Principal Act is amended as
follows:
(a) by omitting "X, R or MA" and
substituting "X 18+, R 18+ or MA 15+";
(b) by omitting from paragraph (a) of the
penalty "R or MA" and substituting
"R 18+ or MA 15+";
(c) by omitting from paragraph (b) of the
penalty "X" and substituting "X 18+".
10. Section 24 amended (Unclassified RC, X 18+, R 18+
or MA 15+ film not to be exhibited if visible from
public place)
Section 24 of the Principal Act is amended as
follows:
(a) by omitting "X, R or MA" and
substituting "X 18+, R 18+ or MA 15+";
(b) by omitting from paragraph (a) of the
penalty "R or MA" and substituting
"R 18+ or MA 15+";
9
s. 11 No. Justice and Related Legislation 2005
(Miscellaneous Amendments)
(c) by omitting from paragraph (b) of the
penalty "X" and substituting "X 18+".
11. Section 25 amended (RC, X 18+ or R 18+ film not to
be exhibited privately in presence of minor)
Section 25(1) of the Principal Act is amended as
follows:
(a) by omitting "X or R" and substituting
"X 18+ or R 18+";
(b) by omitting from paragraph (a) of the
penalty "R" and substituting "R 18+";
(c) by omitting from paragraph (b) of the
penalty "X" and substituting "X 18+".
12. Section 26 amended (Unclassified RC, X 18+ or
R 18+ film not to be exhibited in presence of minor)
Section 26(1) of the Principal Act is amended as
follows:
(a) by omitting "X or R" and substituting
"X 18+ or R 18+";
(b) by omitting from paragraph (a) of the
penalty "R" and substituting "R 18+";
(c) by omitting from paragraph (b) of the
penalty "X" and substituting "X 18+".
10
2005 Justice and Related Legislation No. s. 13
(Miscellaneous Amendments)
13. Section 27 amended (R 18+ or MA 15+ film not to
be exhibited on premises where films sold)
Section 27 of the Principal Act is amended by
omitting "R or MA" and substituting "R 18+ or
MA 15+".
14. Section 28 amended (R 18+ film not to be exhibited
in public place in presence of minor)
Section 28(1) of the Principal Act is amended by
omitting "R" and substituting "R 18+".
15. Section 29 amended (Parent not to allow minor to
attend exhibition of R 18+ film)
Section 29 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "R" and
substituting "R 18+";
(b) by omitting from paragraph (b) "R" and
substituting "R 18+".
16. Section 30 amended (Minor not to attend exhibition
of R 18+ film)
Section 30 of the Principal Act is amended by
omitting "R" and substituting "R 18+".
11
s. 17 No. Justice and Related Legislation 2005
(Miscellaneous Amendments)
17. Section 31 amended (MA 15+ film not to be
exhibited in public place in presence of
unaccompanied minor)
Section 31(1) of the Principal Act is amended by
omitting "MA" and substituting "MA 15+".
18. Section 32 amended (Unclassified film not to be sold
or delivered)
Section 32(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "X" and
substituting "X 18+";
(b) by omitting from paragraph (b) "MA or
R" and substituting "MA 15+ or R 18+".
19. Section 33 amended (Classified film not to be sold
or delivered under different title or in altered form)
Paragraph (b) of the penalty under section 33 of
the Principal Act is amended by omitting "MA
or R" and substituting "MA 15+ or R 18+".
20. Section 36 amended (RC or X 18+ film not to be
sold or delivered)
Section 36 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "X" and
substituting "X 18+";
12
2005 Justice and Related Legislation No. s. 21
(Miscellaneous Amendments)
(b) by omitting from paragraph (b) "X" and
substituting "X 18+".
21. Section 37 amended (R 18+ film not to be sold or
delivered to minor)
Section 37(1) of the Principal Act is amended by
omitting "R" and substituting "R 18+".
22. Section 38 amended (MA 15+ film not to be sold or
delivered to minor under 15)
Section 38(1) of the Principal Act is amended by
omitting "MA" and substituting "MA 15+".
23. Section 39 amended (Minor who is 15 or older not
to buy R 18+ film)
Section 39 of the Principal Act is amended by
omitting "R" and substituting "R 18+".
24. Section 43 amended (Review Committee to make
recommendation to Minister after review)
Section 43(1) of the Principal Act is amended by
omitting "R" and substituting "R 18+".
25. Section 53 amended (RC or MA 15+ computer
game not to be demonstrated in public place)
Section 53 of the Principal Act is amended as
follows:
13
s. 26 No. Justice and Related Legislation 2005
(Miscellaneous Amendments)
(a) by omitting from paragraph (a) "MA
(15+)" and substituting "MA 15+";
(b) by omitting from paragraph (b) "MA
(15+)" and substituting "MA 15+";
(c) by omitting from paragraph (b) of the
penalty "MA (15+)" and substituting
"MA 15+".
26. Section 55 amended (MA 15+ computer game not to
be sold or delivered to minor under 15)
Section 55(1) of the Principal Act is amended by
omitting "MA (15+)" and substituting
"MA 15+".
27. Section 57 amended (Certain advertisements for
films, publications and computer games not to be
published)
Section 57(1)(c) of the Principal Act is amended
by omitting "X" and substituting "X 18+".
28. Section 58 amended (Film advertisement not to be
screened during public exhibition of other film of
lower classification)
Section 58 of the Principal Act is amended by
omitting the table and substituting the following
table:
14
2005 Justice and Related Legislation No. s. 29
(Miscellaneous Amendments)
Item Column 1 Column 2
Exhibited film Advertised film
1. G G
2. PG PG or G
3. M M, PG or G
4. MA 15+ MA 15+, M, PG or G
5. R 18+ R 18+, MA 15+, M, PG
or G
29. Section 59 amended (Film not to be sold or
delivered with advertisement for film of higher
classification)
Section 59 of the Principal Act is amended by
omitting the table and substituting the following
table:
Item Column 1 Column 2
Film sold Advertised film
1. G G
2. PG PG or G
3. M M, PG or G
4. MA 15+ MA 15+, M, PG or G
5. R 18+ R 18+, MA 15+, M, PG
or G
15
s. 30 No. Justice and Related Legislation 2005
(Miscellaneous Amendments)
30. Section 60 amended (Computer game not to be sold
or delivered with advertisement for computer game
of higher classification)
Section 60 of the Principal Act is amended by
omitting the table and substituting the following
table:
Item Column 1 Column 2
Computer game sold Advertised computer
game
1. G G
2. PG PG or G
3. M M, PG or G
4. MA 15+ MA 15+, M, PG or G
31. Section 77A amended (Forfeiture of other seized
publications, films and computer games)
Section 77A(7)(a)(i) of the Principal Act is
amended by omitting "X" and substituting
"X 18+".
32. Section 88B inserted
After section 88A of the Principal Act, the
following section is inserted in Division 2:
88B. Transitional provisions (2005 amendments)
(1) The amendments made to the definition
of "contentious material" in section 3
and to sections 22, 23, 24, 25, 26, 27, 28,
16
2005 Justice and Related Legislation No. s. 32
(Miscellaneous Amendments)
29, 30, 31, 32, 33, 36, 37, 38, 39, 43, 53,
55, 57, 58, 59, 60 and 77A by the Justice
and Related Legislation (Miscellaneous
Amendments) Act 2005 apply to the
doing of things on or after the
commencement of those amendments.
(2) A film that, immediately before the
commencement of the amendments made
by the Justice and Related Legislation
(Miscellaneous Amendments) Act 2005 to
the provisions specified in subsection (1),
had a classification of a type specified in
column 2 of an item in the following
table is, for the purposes of applying the
Classification (Publications, Films and
Computer Games) Enforcement Act 1995
after that commencement, to be taken to
have, and to have had at all times before
that commencement when it had that
classification, the classification of the
type specified opposite it in column 3 of
that item.
Table - Film classifications
Column 1 Column 2 Column 3
Item Former type of New type of
classification classification
1. MA MA 15+
2. R R 18+
3. X X 18+
17
s. 32 No. Justice and Related Legislation 2005
(Miscellaneous Amendments)
(3) A computer game that, immediately
before the commencement of the
amendments made by the Justice and
Related Legislation (Miscellaneous
Amendments) Act 2005 to the provisions
specified in subsection (1), had a
classification of a type specified in
column 2 of an item in the following
table is, for the purposes of applying the
Classification (Publications, Films and
Computer Games) Enforcement Act 1995
after that commencement, to be taken to
have, and to have had at all times before
that commencement when it had that
classification, the classification of the
type specified opposite it in column 3 of
that item.
Table - Computer game classifications
Column 1 Column 2 Column 3
Item Former type of New type of
classification classification
1. G (8+) PG
2. M (15+) M
3. MA (15+) MA 15+
18
2005 Justice and Related Legislation No. s. 33
(Miscellaneous Amendments)
PART 4 - CRIMINAL CODE ACT 1924 AMENDED
33. Principal Act
In this Part, the Criminal Code Act 1924* is
referred to as the Principal Act.
34. Principal Act amended
Schedule 1 to the Principal Act is amended as
follows:
(a) by inserting in section 125A(1) "125B,"
after "section 124,";
(b) by inserting the following section after
section 356:
357. Standing mute, &c.
(1) If an accused person, when called
upon to plead to an indictment,
stands mute or does not directly
answer to the indictment and it
appears to the judge that there is
no reason to reserve the question
of that person's fitness to stand
trial for investigation under Part 2
of the Criminal Justice (Mental
Impairment) Act 1999, the judge
may order a plea of not guilty to
be entered on that person's
behalf.
*No. 69 of 1924
19
s. 34 No. Justice and Related Legislation 2005
(Miscellaneous Amendments)
(2) A plea endorsed under
subsection (1) has the same effect
as if it had been pleaded by the
accused person.
20
2005 Justice and Related Legislation No. s. 35
(Miscellaneous Amendments)
PART 5 - JUSTICES ACT 1959 AMENDED
35. Principal Act
In this Part, the Justices Act 1959* is referred to
as the Principal Act.
36. Section 106A amended (Interpretation of Part XA)
Section 106A(1) of the Principal Act is amended
by omitting paragraphs (b), (c), (d), (e) and (f)
from the definition of "stalking" and
substituting:
(b) keeping another person under
surveillance;
(c) loitering outside the residence or
workplace of another person;
(d) loitering outside a place that another
person frequents;
(e) entering or interfering with the property
of another person;
(f) sending offensive material to another
person or leaving offensive material
where it is likely to be found by, given to
or brought to the attention of another
person;
(g) publishing or transmitting offensive
material by electronic or any other means
in such a way that the offensive material
*No. 77 of 1959
21
s. 36 No. Justice and Related Legislation 2005
(Miscellaneous Amendments)
is likely to be found by, or brought to the
attention of, another person;
(h) using the internet or any other form of
electronic communication in a way that
could reasonably be expected to cause
another person to be apprehensive or
fearful;
(i) contacting another person by postal,
telephonic, electronic or any other means
of communication;
(j) acting in another way that could
reasonably be expected to cause another
person to be apprehensive or fearful;
22
2005 Justice and Related Legislation No. s. 37
(Miscellaneous Amendments)
PART 6 - RESIDENTIAL TENANCY ACT 1997
AMENDED
37. Principal Act
In this Part, the Residential Tenancy Act 1997*
is referred to as the Principal Act.
38. Section 42 amended (Notice to vacate by owner)
Section 42(1)(d) of the Principal Act is amended
by omitting "at least" and substituting "not more
than".
39. Section 43 amended (Effect of notice to vacate)
Section 43(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b)
"section 42(1)(c), (d), (e) or (f)." and
substituting "section 42(1)(c), (e) or (f);
or";
(b) by inserting the following paragraph after
paragraph (b):
(c) at least 14 days after the notice is
served, if the notice is for the
reason referred to in
section 42(1)(d), but not before
the date of the expiry of the
residential tenancy agreement.
*No. 82 of 1997
23
s. 40 No. Justice and Related Legislation 2005
(Miscellaneous Amendments)
PART 7 - SENTENCING ACT 1997 AMENDED
40. Principal Act
In this Part, the Sentencing Act 1997* is referred
to as the Principal Act.
41. Section 42 amended (Breach of probation order)
Section 42 of the Principal Act is amended as
follows:
(a) by omitting subparagraph (iv) from
subsection (5)(a) and substituting the
following subparagraphs:
(iv) cancel the order and, if it
considers it appropriate, deal with
the offender for the offence in
respect of which it was made in
any manner in which the court
could deal with the offender had
it just found the offender guilty of
that offence;
(v) cancel the order and, if it
considers it appropriate, any other
order made by the court in respect
of the offence in respect of which
the probation order was made,
and deal with the offender for that
offence in any manner in which
the court could deal with the
*No. 59 of 1997
24
2005 Justice and Related Legislation No. s. 42
(Miscellaneous Amendments)
offender had it just found the
offender guilty of that offence; or
(b) by omitting paragraph (d) from
subsection (6) and substituting the
following paragraphs:
(d) cancel the order and, if it
considers it appropriate, deal with
the offender for the offence in
respect of which the order was
made in any manner in which the
court could deal with the offender
had it just found the offender
guilty of that offence; or
(e) cancel the order and, if it
considers it appropriate, any other
order made by the court in respect
of the offence in respect of which
the probation order was made,
and deal with the offender for that
offence in any manner in which
the court could deal with the
offender had it just found the
offender guilty of that offence.
42. Section 81A amended (Court may receive victim
impact statement)
Section 81A of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (2):
(2A) If a court finds a person guilty of
an indictable offence, the court
25
s. 42 No. Justice and Related Legislation 2005
(Miscellaneous Amendments)
may, if it considers it appropriate
to do so, allow a person, other
than the victim of that offence, to
furnish to the court a written
statement, in lieu of a statement
under subsection (2), that -
(a) gives particulars of the
injury, loss or damage
suffered by the victim as a
direct consequence of the
offence; and
(b) describes the effects on
the victim of the
commission of the
offence.
(b) by omitting from subsection (3) "The
statement" and substituting "A statement
referred to in subsection (2) or (2A)";
(c) by omitting subsections (4) and (5) and
substituting the following subsection:
(4) If the court finds a person guilty
of an offence, the court must
allow the victim, or the person
who has furnished a statement
under subsection (2A) (the "other
person"), or another person
nominated by the victim or the
other person, to read his or her
statement to the court if the
victim or the other person has so
requested at the time of
furnishing the statement to the
court.
26
2005 Justice and Related Legislation No. s. 43
(Miscellaneous Amendments)
PART 8 - SUPREME COURT CIVIL PROCEDURE ACT
1932 AMENDED
43. Principal Act
In this Part, the Supreme Court Civil Procedure
Act 1932* is referred to as the Principal Act.
44. Section 197 amended (Power of judges to make
Rules of Court)
Section 197 of the Principal Act is amended by
inserting after subsection (3A) the following
subsection:
(3B) Rules of Court made pursuant to this
section may adopt, either wholly or in
part and with or without modification,
and either specifically or by reference,
Rules of Court of the Federal Court of
Australia or a Supreme Court of another
State or a Territory as in force for the
time being.
*No. 58 of 1932
Government Printer, Tasmania 27