Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
JUSTICE AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2012
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - APPEAL COSTS FUND ACT 1968 AMENDED
3. Principal Act
4. Section 2 amended (Interpretation)
5. Section 5 amended (Additional fee to be paid in certain cases)
6. Section 5A amended (Annual statement by Registrar of Workers
Rehabilitation and Compensation Tribunal)
PART 3 - BAIL ACT 1994 AMENDED
7. Principal Act
8. Section 7 amended (Conditions to which bail is subject)
PART 4 - BUILDING AND CONSTRUCTION INDUSTRY SECURITY
OF PAYMENT ACT 2009 AMENDED
9. Principal Act
10. Section 4A inserted
4A. Interpretation of business day
11. Section 19 amended (Consequences of failing to provide
payment schedule within relevant period)
[Bill 7]-IV
12. Section 20 amended (Consequences of not paying claimant in
accordance with payment schedule)
PART 5 - BUSINESS NAMES ACT 1962 AMENDED
13. Principal Act
14. Section 14 amended (Disability of persons in default)
PART 6 - CIVIL LIABILITY ACT 2002 AMENDED
15. Principal Act
16. Section 4 amended (Application of Act)
17. Section 26 amended (Damages for loss of earning capacity)
18. Part 10B inserted
PART 10B - Rights between employer and employee
49B. Employee not liable where employer also liable
PART 7 - CONSUMER AFFAIRS ACT 1988 AMENDED
19. Principal Act
20. Section 22 amended (Preservation of secrecy)
PART 8 - CORRECTIONS ACT 1997 AMENDED
21. Principal Act
22. Section 87A amended (Eligible persons register)
23. Section 87B amended (Releasing information)
PART 9 - CRIMINAL JUSTICE (MENTAL IMPAIRMENT) ACT 1999
AMENDED
24. Principal Act
25. Section 10 amended (Reservation of question of fitness to stand
trial)
PART 10 - EVIDENCE (AUDIO AND AUDIO VISUAL LINKS) ACT
1999 AMENDED
26. Principal Act
27. Section 4 amended (Application of Act)
28. Section 6 amended (Tasmanian courts may take evidence and
submissions by audio link or audio visual link)
29. Sections 10C and 10D inserted
2
10C. Premises to be considered part of court
10D. Administration of oaths and affirmations
PART 11 - INTEGRITY COMMISSION ACT 2009 AMENDED
30. Principal Act
31. Section 5 amended (Public authorities)
32. Section 11 amended (Annual and other reports)
33. Section 62 amended (Constitution of Integrity Tribunal)
PART 12 - JURIES ACT 2003 AMENDED
34. Principal Act
35. Section 39 amended (Information for jury)
36. Section 40 amended (Discharge of juror by court)
37. Section 41 amended (Discharge of jury without verdict)
PART 13 - LANDLORD AND TENANT ACT 1935 AMENDED
38. Principal Act
39. Section 51 amended (Power of registrars of Magistrates Court
(Civil Division) to make replevin and deliverance)
40. Section 53 amended (Sale of distress by public auction)
PART 14 - LEGAL PROFESSION ACT 2007 AMENDED
41. Principal Act
42. Section 607 amended (Secretary of Board of Legal Education)
PART 15 - MARRIED WOMEN'S PROPERTY ACT 1935 AMENDED
43. Principal Act
44. Section 7A amended (Actions in tort between husband and wife)
45. Section 10 amended (Money spent within two years by husband
in improving wife's land, &c.)
46. Section 10A amended (Removal of matters from Magistrates
Court (Civil Division) to Supreme Court)
PART 16 - MONETARY PENALTIES ENFORCEMENT ACT 2005
AMENDED
47. Principal Act
3
48. Section 3 amended (Interpretation)
PART 17 - POLICE POWERS (CONTROLLED OPERATIONS) ACT
2006 AMENDED
49. Principal Act
50. Section 32 amended (Inspection of records by inspection entity)
PART 18 - POLICE POWERS (SURVEILLANCE DEVICES) ACT 2006
AMENDED
51. Principal Act
52. Section 42 amended (Report on inspection)
PART 19 - PUBLIC INTEREST DISCLOSURES ACT 2002 AMENDED
53. Principal Act
54. Section 4 amended (Public bodies and officers)
PART 20 - RIGHT TO INFORMATION ACT 2009 AMENDED
55. Principal Act
56. Section 5 amended (Interpretation)
PART 21 - SUPREME COURT CIVIL PROCEDURE ACT 1932
AMENDED
57. Principal Act
58. Section 186 amended (Establishment of district registries)
59. Section 191A repealed
60. Section 191B amended (Effect of, and appeal from, orders of the
Associate Judge)
61. Section 197 amended (Power of judges to make Rules of Court)
PART 22 - VICTIMS OF CRIME ASSISTANCE ACT 1976 AMENDED
62. Principal Act
63. Section 7A amended (Recovery from offender)
PART 23 - LEGISLATION REVOKED
64. Legislation revoked
PART 24 - REPEAL OF ACT
65. Repeal of Act
4
SCHEDULE 1 - LEGISLATION REVOKED
5
6
JUSTICE AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2012
(Brought in by the Minister for Justice, the Honourable Brian
Neal Wightman)
A BILL FOR
An Act to amend various Acts and revoke certain
proclamations and orders
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
2012.
2. Commencement
(1) Except as provided in this section, this Act
commences on the day on which this Act
receives the Royal Assent.
(2) Part 21 commences on a day to be proclaimed.
[Bill 7] 7
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
s. 3 Part 2 - Appeal Costs Fund Act 1968 Amended
PART 2 - APPEAL COSTS FUND ACT 1968 AMENDED
3. Principal Act
In this Part, the Appeal Costs Fund Act 1968* is
referred to as the Principal Act.
4. Section 2 amended (Interpretation)
Section 2 of the Principal Act is amended as
follows:
(a) by omitting "a court of requests" from
the definition of judicial officer and
substituting "the Magistrates Court (Civil
Division)";
(b) by omitting "a court of requests" from
paragraph (b) of the definition of proper
officer and substituting "the Magistrates
Court (Civil Division)".
5. Section 5 amended (Additional fee to be paid in
certain cases)
Section 5(1) of the Principal Act is amended by
omitting "a court of requests" and substituting
"the Magistrates Court (Civil Division)".
*No. 57 of 1968
8
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
Part 2 - Appeal Costs Fund Act 1968 Amended s. 6
6. Section 5A amended (Annual statement by
Registrar of Workers Rehabilitation and
Compensation Tribunal)
Section 5A(3) of the Principal Act is amended
by omitting "a court of requests" and substituting
"the Magistrates Court (Civil Division)".
9
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
s. 7 Part 3 - Bail Act 1994 Amended
PART 3 - BAIL ACT 1994 AMENDED
7. Principal Act
In this Part, the Bail Act 1994* is referred to as
the Principal Act.
8. Section 7 amended (Conditions to which bail is
subject)
Section 7(3A) of the Principal Act is amended
by omitting "that later date" and substituting "the
last date so advised".
*No. 9 of 1994
10
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
Part 4 - Building and Construction Industry Security of Payment Act 2009 s. 9
Amended
PART 4 - BUILDING AND CONSTRUCTION
INDUSTRY SECURITY OF PAYMENT ACT 2009
AMENDED
9. Principal Act
In this Part, the Building and Construction
Industry Security of Payment Act 2009* is
referred to as the Principal Act.
10. Section 4A inserted
After section 4 of the Principal Act, the
following section is inserted in Part 1:
4A. Interpretation of business day
(1) In this Act, unless the contrary intention
appears -
business day means any day other
than -
(a) a Saturday or Sunday; or
(b) a day specified in section
4 of the Statutory
Holidays Act 2000; or
(c) a day specified in Part 1
of Schedule 1 to the
*No. 86 of 2009
11
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
s. 11 Part 4 - Building and Construction Industry Security of Payment Act 2009
Amended
Statutory Holidays Act
2000; or
(d) a day specified in Part 1
or 2 of Schedule 2 to the
Statutory Holidays Act
2000; or
(e) the 27th, 28th, 29th, 30th
or 31st of December;
(2) For the purposes of the definition of
business day in subsection (1), a day
referred to in that definition is a holiday
for all of the day and in the whole of the
State.
11. Section 19 amended (Consequences of failing to
provide payment schedule within relevant period)
Section 19(2) of the Principal Act is amended by
inserting "or, in a case to which subsection (3)(a)
applies, later" after "earlier".
12. Section 20 amended (Consequences of not paying
claimant in accordance with payment schedule)
Section 20(1)(b) of the Principal Act is amended
by inserting "or, in a case to which
section 19(3)(a) applies, later" after "earlier".
12
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
Part 5 - Business Names Act 1962 Amended s. 13
PART 5 - BUSINESS NAMES ACT 1962 AMENDED
13. Principal Act
In this Part, the Business Names Act 1962* is
referred to as the Principal Act.
14. Section 14 amended (Disability of persons in
default)
Section 14(2)(b) of the Principal Act is amended
as follows:
(a) by omitting "a court of requests" and
substituting "the Magistrates Court (Civil
Division)";
(b) by omitting "commissioner of courts of
requests" and substituting "magistrate".
*No. 44 of 1962
13
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
s. 15 Part 6 - Civil Liability Act 2002 Amended
PART 6 - CIVIL LIABILITY ACT 2002 AMENDED
15. Principal Act
In this Part, the Civil Liability Act 2002* is
referred to as the Principal Act.
16. Section 4 amended (Application of Act)
Section 4 of the Principal Act is amended by
inserting after subsection (5) the following
subsection:
(6) Part 10B applies to a cause of action
accrued after the commencement of that
Part .
17. Section 26 amended (Damages for loss of earning
capacity)
Section 26(1) of the Principal Act is amended by
inserting "or where a claim for damages is made
pursuant to the Fatal Accidents Act 1934" after
"capacity".
18. Part 10B inserted
After section 49A of the Principal Act, the
following Part is inserted:
*No. 54 of 2002
14
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
Part 6 - Civil Liability Act 2002 Amended s. 18
PART 10B - RIGHTS BETWEEN EMPLOYER AND
EMPLOYEE
49B. Employee not liable where employer also
liable
(1) If an employee commits a tort for which
his or her employer is also liable -
(a) the employee is not liable to
indemnify, or to pay any
contribution to, the employer in
respect of the liability incurred by
the employer; and
(b) the employer is liable to
indemnify the employee in
respect of liability incurred by the
employee for the tort (unless the
employee is otherwise entitled to
an indemnity in respect of that
liability).
(2) Contribution under this section includes
contribution as joint tortfeasor or
otherwise.
(3) This section does not apply to a tort
committed by an employee if the conduct
constituting the tort -
(a) was serious and wilful
misconduct; or
15
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
s. 18 Part 6 - Civil Liability Act 2002 Amended
(b) did not occur in the course of, and
did not arise out of, the
employment of the employee.
16
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
Part 7 - Consumer Affairs Act 1988 Amended s. 19
PART 7 - CONSUMER AFFAIRS ACT 1988 AMENDED
19. Principal Act
In this Part, the Consumer Affairs Act 1988* is
referred to as the Principal Act.
20. Section 22 amended (Preservation of secrecy)
Section 22(2) of the Principal Act is amended by
omitting "Small Claims Division of the Court of
Requests" and substituting "Magistrates Court
(Civil Division)".
*No. 53 of 1988
17
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
s. 21 Part 8 - Corrections Act 1997 Amended
PART 8 - CORRECTIONS ACT 1997 AMENDED
21. Principal Act
In this Part, the Corrections Act 1997* is
referred to as the Principal Act.
22. Section 87A amended (Eligible persons register)
Section 87A of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) The Secretary must keep a
register of persons who are
eligible to receive information,
under section 87B, about a
prisoner who has been sentenced
to a period of imprisonment for a
violent offence or a sexual
offence or about an adult forensic
patient, within the meaning of the
Mental Health Act 1996, who is
subject to -
(a) a restriction order; or
(b) a supervision order if the
forensic patient has been
*No. 51 of 1997
18
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
Part 8 - Corrections Act 1997 Amended s. 23
apprehended under
section 31 of the Criminal
Justice (Mental
Impairment) Act 1999 -
in respect of a violent offence or
a sexual offence.
(b) by inserting in subsection (2)(c)(i) "or
forensic patient" after "prisoner";
(c) by inserting in subsection (2)(c)(ii) "or
the making of the restriction order or
supervision order" after "imprisonment".
23. Section 87B amended (Releasing information)
Section 87B(1) of the Principal Act is amended
as follows:
(a) by inserting "or forensic patient" after "a
prisoner";
(b) by inserting "or forensic patient" after
"of the prisoner";
(c) by inserting in paragraph (a) "or forensic
patient's" after "prisoner's";
(d) by inserting in paragraph (b) "or forensic
patient's" after "prisoner's";
(e) by inserting in paragraph (c) "or forensic
patient's" after "prisoner's";
19
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
s. 23 Part 8 - Corrections Act 1997 Amended
(f) by inserting in paragraph (d) "or forensic
patient's" after "prisoner's";
(g) by inserting in paragraph (e) "or forensic
patient's" after "prisoner's";
(h) by inserting in paragraph (f) "or forensic
patient's" after "prisoner's";
(i) by inserting in paragraph (g) "or forensic
patient" after "prisoner".
20
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
Part 9 - Criminal Justice (Mental Impairment) Act 1999 Amended s. 24
PART 9 - CRIMINAL JUSTICE (MENTAL
IMPAIRMENT) ACT 1999 AMENDED
24. Principal Act
In this Part, the Criminal Justice (Mental
Impairment) Act 1999* is referred to as the
Principal Act.
25. Section 10 amended (Reservation of question of
fitness to stand trial)
Section 10(2) of the Principal Act is amended as
follows:
(a) by omitting "a hearing for committal to
stand trial" and substituting "preliminary
proceedings";
(b) by omitting "committal hearing is" and
substituting "proceedings are".
*No. 21 of 1999
21
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
s. 26 Part 10 - Evidence (Audio and Audio Visual Links) Act 1999 Amended
PART 10 - EVIDENCE (AUDIO AND AUDIO VISUAL
LINKS) ACT 1999 AMENDED
26. Principal Act
In this Part, the Evidence (Audio and Audio
Visual Links) Act 1999* is referred to as the
Principal Act.
27. Section 4 amended (Application of Act)
Section 4 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(4) This Act, as amended by the Justice and
Related Legislation (Miscellaneous
Amendments) Act 2012, extends to any
proceeding pending in a Tasmanian court
on the commencement of this subsection.
28. Section 6 amended (Tasmanian courts may take
evidence and submissions by audio link or audio
visual link)
Section 6 of the Principal Act is amended as
follows:
*No. 9 of 1999
22
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
Part 10 - Evidence (Audio and Audio Visual Links) Act 1999 Amended s. 29
(a) by inserting in subsection (1) ", from any
place outside Australia other than New
Zealand," after "State";
(b) by omitting from subsection (3) "The"
and substituting "Where evidence is
given from a participating State, the".
29. Sections 10C and 10D inserted
After section 10B of the Principal Act, the
following sections are inserted in Part 2:
10C. Premises to be considered part of court
(1) Any place within Tasmania or outside
Australia at which audio link or audio
visual link facilities are being used for
the purpose of a person giving evidence
or making a submission in any
proceeding is taken to be part of the
Tasmanian court that is sitting at a
courtroom or other place for the purpose
of conducting the proceeding.
(2) Subsection (1) has effect, for example,
for the purposes of the laws relating to
evidence, procedure, contempt of court
or perjury.
(3) Subsection (1) also has the effect that any
offence committed at the place where the
person giving the evidence or making the
submission is located is to be taken to
23
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
s. 29 Part 10 - Evidence (Audio and Audio Visual Links) Act 1999 Amended
have been committed at the courtroom or
other place where the court is sitting for
the purposes of the laws in force in
Tasmania.
10D. Administration of oaths and affirmations
(1) Subject to subsection (2), an oath to be
sworn or affirmation to be made by a
person giving evidence by audio link or
audio visual link within Tasmania or
outside Australia may be administered
either -
(a) by means of the audio link or
audio visual link, as nearly as
practicable in the same way as if
the person were to give evidence
in the courtroom or other place
where the Tasmanian court is
sitting; or
(b) at the direction of, or on behalf
of, the court at the place where
the person is giving the evidence
by a person authorised by the
court.
(2) A person giving evidence by audio link
or audio visual link from a place outside
Australia is not required to give the
evidence on oath or affirmation if -
(a) the law in force in that country -
24
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
Part 10 - Evidence (Audio and Audio Visual Links) Act 1999 Amended s. 29
(i) does not permit the person
to give evidence on oath
or affirmation for the
purposes of the
proceeding; or
(ii) would make it
inconvenient for the
person to give evidence
on oath or affirmation for
the purposes of the
proceeding; and
(b) the Tasmanian court is satisfied
that it is appropriate for the
evidence to be given otherwise
than on oath or affirmation.
(3) If evidence is given otherwise than on
oath or affirmation, the Tasmanian court
is to give the evidence such weight as it
thinks fit in the circumstances.
(4) Subsections (2) and (3) apply despite
anything to the contrary in the Evidence
Act 2001 or any other law of this State.
25
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
s. 30 Part 11 - Integrity Commission Act 2009 Amended
PART 11 - INTEGRITY COMMISSION ACT 2009
AMENDED
30. Principal Act
In this Part, the Integrity Commission Act 2009*
is referred to as the Principal Act.
31. Section 5 amended (Public authorities)
Section 5(1) of the Principal Act is amended by
inserting after paragraph (i) the following
paragraph:
(ia) the University of Tasmania;
32. Section 11 amended (Annual and other reports)
Section 11(1) of the Principal Act is amended as
follows:
(a) by omitting "as soon as practicable after
31 October in each year" and substituting
"on or before 31 October or such other
date as may be prescribed";
(b) by omitting "that date" and substituting
"the last preceding 30 June".
*No. 67 of 2009
26
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
Part 11 - Integrity Commission Act 2009 Amended s. 33
33. Section 62 amended (Constitution of Integrity
Tribunal)
Section 62(1)(b) of the Principal Act is amended
by omitting "members of the Board referred to in
section 14(1)(e), (f) or (g) and such other
persons (if any)" and substituting "other
persons".
27
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
s. 34 Part 12 - Juries Act 2003 Amended
PART 12 - JURIES ACT 2003 AMENDED
34. Principal Act
In this Part, the Juries Act 2003* is referred to as
the Principal Act.
35. Section 39 amended (Information for jury)
Section 39 of the Principal Act is amended by
omitting subsection (3) and substituting the
following subsection:
(3) The court may excuse a juror from jury
service for the trial if -
(a) the court suspects on reasonable
grounds that the juror may not be
able to consider the case
impartially; or
(b) the court is satisfied that the
person is unable to perform jury
service for any other reason.
36. Section 40 amended (Discharge of juror by court)
Section 40 of the Principal Act is amended by
omitting paragraph (a) and substituting the
following paragraph:
*No. 48 of 2003
28
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
Part 12 - Juries Act 2003 Amended s. 37
(a) the court suspects on reasonable grounds
that the juror may not be able to consider
the case impartially; or
37. Section 41 amended (Discharge of jury without
verdict)
Section 41(1) of the Principal Act is amended by
omitting "in an emergency,".
29
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
s. 38 Part 13 - Landlord and Tenant Act 1935 Amended
PART 13 - LANDLORD AND TENANT ACT 1935
AMENDED
38. Principal Act
In this Part, the Landlord and Tenant Act 1935*
is referred to as the Principal Act.
39. Section 51 amended (Power of registrars of
Magistrates Court (Civil Division) to make replevin
and deliverance)
Section 51(1) of the Principal Act is amended by
omitting "any court of requests" and substituting
"the Magistrates Court (Civil Division)".
40. Section 53 amended (Sale of distress by public
auction)
Section 53(4) of the Principal Act is amended by
omitting "a court of requests" and substituting
"the Magistrates Court (Civil Division)".
*No. 42 of 1935
30
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
Part 14 - Legal Profession Act 2007 Amended s. 41
PART 14 - LEGAL PROFESSION ACT 2007 AMENDED
41. Principal Act
In this Part, the Legal Profession Act 2007* is
referred to as the Principal Act.
42. Section 607 amended (Secretary of Board of Legal
Education)
Section 607 of the Principal Act is amended by
omitting "Subject to and in accordance with the
State Service Act 2000, a" and substituting "A".
*No. 24 of 2007
31
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
s. 43 Part 15 - Married Women's Property Act 1935 Amended
PART 15 - MARRIED WOMEN'S PROPERTY ACT
1935 AMENDED
43. Principal Act
In this Part, the Married Women's Property Act
1935* is referred to as the Principal Act.
44. Section 7A amended (Actions in tort between
husband and wife)
Section 7A(3) of the Principal Act is amended
by omitting "a court of requests" and substituting
"the Magistrates Court (Civil Division)".
45. Section 10 amended (Money spent within two years
by husband in improving wife's land, &c.)
Section 10(3) of the Principal Act is amended by
omitting "a court of requests" and substituting
"the Magistrates Court (Civil Division)".
46. Section 10A amended (Removal of matters from
Magistrates Court (Civil Division) to Supreme
Court)
Section 10A(1) of the Principal Act is amended
as follows:
*No. 90 of 1935
32
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
Part 15 - Married Women's Property Act 1935 Amended s. 46
(a) by omitting from paragraph (a) "a court
of requests" and substituting "the
Magistrates Court (Civil Division)";
(b) by omitting "appropriate court of
requests" and substituting "Magistrates
Court (Civil Division)".
33
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
s. 47 Part 16 - Monetary Penalties Enforcement Act 2005 Amended
PART 16 - MONETARY PENALTIES ENFORCEMENT
ACT 2005 AMENDED
47. Principal Act
In this Part, the Monetary Penalties Enforcement
Act 2005* is referred to as the Principal Act.
48. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
omitting the definition of fine and substituting
the following definition:
fine means the sum of money payable by an
offender under an order -
(a) of a court made on the offender
being convicted of an offence and
includes -
(i) a sum of money payable
as costs; and
(ii) a sum of money payable
under a compensation
order made by the
Magistrates Court; and
(iii) a sum of money payable
under a compensation
levy under the Victims of
*No. 57 of 2005
34
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
Part 16 - Monetary Penalties Enforcement Act 2005 Amended s. 48
Crime Compensation Act
1994; and
(iv) a sum of money payable
under a pecuniary penalty
order made under the
Crime (Confiscation of
Profits) Act 1993 -
but does not include a restitution
order; or
(b) made by a Criminal Injuries
Compensation Commissioner
under section 7A of the Victims of
Crime Assistance Act 1976;
35
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
s. 49 Part 17 - Police Powers (Controlled Operations) Act 2006 Amended
PART 17 - POLICE POWERS (CONTROLLED
OPERATIONS) ACT 2006 AMENDED
49. Principal Act
In this Part, the Police Powers (Controlled
Operations) Act 2006* is referred to as the
Principal Act.
50. Section 32 amended (Inspection of records by
inspection entity)
Section 32(4) of the Principal Act is amended by
omitting "31 July in each year" and substituting
"3 months after the end of each financial year".
*No. 21 of 2006
36
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
Part 18 - Police Powers (Surveillance Devices) Act 2006 Amended s. 51
PART 18 - POLICE POWERS (SURVEILLANCE
DEVICES) ACT 2006 AMENDED
51. Principal Act
In this Part, the Police Powers (Surveillance
Devices) Act 2006* is referred to as the Principal
Act.
52. Section 42 amended (Report on inspection)
Section 42(1) of the Principal Act is amended by
omitting "31 July in each year" and substituting
"3 months after the end of each financial year".
*No. 22 of 2006
37
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
s. 53 Part 19 - Public Interest Disclosures Act 2002 Amended
PART 19 - PUBLIC INTEREST DISCLOSURES ACT
2002 AMENDED
53. Principal Act
In this Part, the Public Interest Disclosures Act
2002* is referred to as the Principal Act.
54. Section 4 amended (Public bodies and officers)
Section 4(1) of the Principal Act is amended by
inserting after paragraph (g) the following
paragraph:
(ga) the University of Tasmania;
*No. 16 of 2002
38
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
Part 20 - Right to Information Act 2009 Amended s. 55
PART 20 - RIGHT TO INFORMATION ACT 2009
AMENDED
55. Principal Act
In this Part, the Right to Information Act 2009*
is referred to as the Principal Act.
56. Section 5 amended (Interpretation)
Section 5(1) of the Principal Act is amended by
inserting after paragraph (a) in the definition of
public authority the following paragraph:
(ab) the University of Tasmania; or
*No. 70 of 2009
39
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
s. 57 Part 21 - Supreme Court Civil Procedure Act 1932 Amended
PART 21 - SUPREME COURT CIVIL PROCEDURE
ACT 1932 AMENDED
57. Principal Act
In this Part, the Supreme Court Civil Procedure
Act 1932* is referred to as the Principal Act.
58. Section 186 amended (Establishment of district
registries)
Section 186(1) of the Principal Act is amended
by omitting "any Court of Requests" and
substituting "the Magistrates Court (Civil
Division)".
59. Section 191A repealed
Section 191A of the Principal Act is repealed.
60. Section 191B amended (Effect of, and appeal from,
orders of the Associate Judge)
Section 191B of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsection:
(2) A party affected by an order or decision
of the Associate Judge may, within such
*No. 58 of 1932
40
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
Part 21 - Supreme Court Civil Procedure Act 1932 Amended s. 61
time as is prescribed by the Rules of
Court and subject to any conditions so
prescribed, appeal -
(a) from an interlocutory order or
decision, to a judge sitting in
chambers or in court; or
(b) from any other judgment, order or
decision, to the Full Court.
61. Section 197 amended (Power of judges to make
Rules of Court)
Section 197(1) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (f)
"determination and hearing" and
substituting "hearing and determination";
(b) by inserting the following paragraph after
paragraph (g):
(ga) Specifying, for the purposes of
section 191B, which orders and
decisions of the Associate Judge
are to be regarded as
interlocutory and which are not to
be so regarded;
41
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
s. 62 Part 22 - Victims of Crime Assistance Act 1976 Amended
PART 22 - VICTIMS OF CRIME ASSISTANCE ACT
1976 AMENDED
62. Principal Act
In this Part, the Victims of Crime Assistance Act
1976* is referred to as the Principal Act.
63. Section 7A amended (Recovery from offender)
Section 7A of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "shall
make an" and substituting "is to make a
provisional";
(b) by omitting subsections (3) and (4) and
substituting the following subsections:
(3) The Commissioner must serve
notice of a provisional order on
the offender.
(4) An offender may, within 28 days
after being served with notice of a
provisional order, object to the
order by sending a notice of
objection to the address provided.
(4A) If the offender does not send a
notice of objection, the
*No. 32 of 1976
42
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
Part 22 - Victims of Crime Assistance Act 1976 Amended s. 63
provisional order is to be
confirmed by the Commissioner.
(4B) Notice of a provisional order is
to -
(a) set out the terms of the
order; and
(b) specify the date on which
the award of
compensation was made
and the facts on which the
award was based; and
(c) specify the crime to which
the order relates; and
(d) state that the offender has
28 days in which to object
to the order; and
(e) state that, if the offender
does not object within the
time stated, the order will
be confirmed by the
Commissioner and will
become a fine payable
under the Monetary
Penalties Enforcement
Act 2005; and
(f) state that, if the offender
sends a notice of
objection to the address
provided within 28 days,
43
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
s. 63 Part 22 - Victims of Crime Assistance Act 1976 Amended
the Commissioner will
hear the offender as to
why the order should not
be confirmed; and
(g) contain any other
particulars that may be
prescribed by regulation.
(4C) A notice of objection must be in
writing and must include a
statement of the grounds of
objection on which the defendant
intends to rely.
(4D) The Commissioner may confirm
a provisional order without
hearing the offender if satisfied
that the offender has not sent a
notice of objection within 28 days
after notice of the provisional
order was duly served on the
defendant.
(4E) If the offender files a notice of
objection, the Commissioner
must hear the offender before
deciding whether the provisional
order should be confirmed, varied
or revoked.
(4F) The Commissioner may confirm
or vary a provisional order if
satisfied that the offender has
been convicted of an offence in
44
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
Part 22 - Victims of Crime Assistance Act 1976 Amended s. 63
respect of the criminal conduct
which led to an application for
the award of compensation being
made.
(4G) If the Commissioner confirms or
varies a provisional order under
this section, the order becomes a
fine payable under the Monetary
Penalties Enforcement Act 2005.
(4H) The Commissioner may, when
varying a provisional order,
reduce the amount to be paid
under the order having regard to -
(a) the financial means of the
offender; and
(b) any other matters that the
Commissioner considers
to be relevant.
(4I) The Commissioner must revoke a
provisional order if he or she is
not satisfied that the offender has
been convicted of an offence in
respect of the criminal conduct
which led to an application for
the award of compensation being
made.
(4J) The Commissioner is to provide a
sealed copy of a confirmed or
varied order by electronic means
45
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
s. 63 Part 22 - Victims of Crime Assistance Act 1976 Amended
to the Director, Monetary
Penalties Enforcement Service.
(4K) A sealed copy of a confirmed or
varied order provided under
subsection (4J) is to include the
following:
(a) the offender's full name
and date of birth;
(b) the offender's residential
or postal address;
(c) the amount of the order;
(d) the date the order takes
effect.
(c) by omitting from subsection (5)
"pursuant to a judgment entered in
accordance with subsection (3) shall" and
substituting "under this section is to".
46
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
Part 23 - Legislation Revoked s. 64
PART 23 - LEGISLATION REVOKED
64. Legislation revoked
The legislation specified in Schedule 1 is
revoked.
47
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
s. 65 Part 24 - Repeal of Act
PART 24 - REPEAL OF ACT
65. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
48
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
sch. 1
SCHEDULE 1 - LEGISLATION REVOKED
Section 3
Proclamation under the Trustee Act 1898 (notified in the
Tasmanian Government Gazette on 21 September 1909, p. 1203)
Proclamation under the Trustee Act 1898 (notified in the
Tasmanian Government Gazette on 14 January 1913, p. 83)
Proclamation under the Trustee Act 1898 (notified in the
Tasmanian Government Gazette on 18 March 1913, p. 746)
Proclamation under the Trustee Act 1898 (notified in the
Tasmanian Government Gazette on 26 October 1920, p. 2204)
Proclamation under the Trustee Act 1898 (notified in the
Tasmanian Government Gazette on 26 March 1929, p. 918)
Proclamation under the Trustee Act 1898 (notified in the
Tasmanian Government Gazette on 7 May 1929, p. 1062)
Proclamation under the Trustee Act 1898 (notified in the
Tasmanian Government Gazette on 21 May 1929, p. 1340)
Proclamation under the Trustee Act 1898 (S.R. 1959, No. 57)
Proclamation under the Trustee Act 1898 (S.R. 1986, No. 304)
Trustee (Authorized Investments) Order 1982 (S.R. 1982, No. 68)
Trustee (Building Societies) Order 1989 (S.R. 1989, No. 165)
Trustee (Authorized Investments) Order 1990 (S.R. 1990, No. 32)
Trustee (Authorized Investments) Order 1993 (S.R. 1993, No. 81)
Trustee (Building Societies) Order 1993 (S.R. 1993, No. 254)
49
Justice and Related Legislation (Miscellaneous Amendments) Act
2012
Act No. of
sch. 1
Trustee (Building Societies) Order 1994 (S.R. 1994, No. 154)
Trustee (Authorized Investments) Order 1994 (S.R. 1994, No. 212)
50 Government Printer, Tasmania