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TASMANIA
__________
STATUTORY APPOINTMENTS
(MISCELLANEOUS AMENDMENTS) BILL 2017
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - CO-OPERATIVE SCHEMES (ADMINISTRATIVE
ACTIONS) ACT 2001 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
PART 3 - CORPORATIONS (ADMINISTRATIVE ACTIONS) ACT
2001 AMENDED
5. Principal Act
6. Section 3 amended (Interpretation)
PART 4 - CORRECTIONS ACT 1997 AMENDED
7. Principal Act
8. Section 62 amended (Establishment of Parole Board)
PART 5 - LEGAL AID COMMISSION ACT 1990 AMENDED
9. Principal Act
10. Section 3 amended (Interpretation)
11. Section 5 amended (Membership of Commission)
[Bill 39]-XI
12. Section 6 amended (Functions of Commission)
13. Section 8 amended (Director of Legal Aid)
14. Section 9 amended (Acting Director)
15. Section 13 amended (Constitution of Legal Aid Committees)
PART 6 - MAGISTRATES COURT ACT 1987 AMENDED
16. Principal Act
17. Section 4 amended (Appointment of magistrates)
PART 7 - PROPERTY AGENTS AND LAND TRANSACTIONS ACT
2016 AMENDED
18. Principal Act
19. Section 5 amended (Property Agents Board continued)
PART 8 - VICTIMS OF CRIME ASSISTANCE ACT 1976 AMENDED
20. Principal Act
21. Section 2 amended (Interpretation)
22. Section 2A amended (Appointment of Commissioners)
PART 9 - WORKERS REHABILITATION AND COMPENSATION
ACT 1988 AMENDED
23. Principal Act
24. Section 3 amended (Interpretation)
25. Section 17A amended (Chief Workers Rehabilitation and
Compensation Commissioner)
26. Section 17B amended (Workers Rehabilitation and
Compensation Commissioner)
27. Section 18 amended (Acting appointment)
28. Section 19 amended (Part-time Workers Rehabilitation and
Compensation Commissioners)
29. Section 42H amended (Representation during conciliation
process)
PART 10 - CONCLUDING PROVISION
30. Repeal of Act
2
STATUTORY APPOINTMENTS
(MISCELLANEOUS AMENDMENTS) BILL 2017
(Brought in by the Acting Minister for Justice, the Honourable
Matthew Guy Groom)
A BILL FOR
An Act to amend, in various Acts, the qualifications for
certain appointments and certain references to persons
admitted to the legal profession or entitled to engage in
legal practice, and to amend, in various Acts, references to
the Federal Magistrates Court
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 Statutory
Appointments (Miscellaneous Amendments) Act
2017.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 39] 3
Statutory Appointments (Miscellaneous Amendments) Act 2017
Act No. of
s. 3 Part 2 - Co-operative Schemes (Administrative Actions) Act 2001
Amended
PART 2 - CO-OPERATIVE SCHEMES
(ADMINISTRATIVE ACTIONS) ACT 2001 AMENDED
3. Principal Act
In this Part, the Co-operative Schemes
(Administrative Actions) Act 2001* is referred to
as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
omitting "Federal Magistrates Court" from the
definition of Commonwealth authority and
substituting "Federal Circuit Court of Australia".
*No. 43 of 2001
4
Statutory Appointments (Miscellaneous Amendments) Act 2017
Act No. of
Part 3 - Corporations (Administrative Actions) Act 2001 Amended s. 5
PART 3 - CORPORATIONS (ADMINISTRATIVE
ACTIONS) ACT 2001 AMENDED
5. Principal Act
In this Part, the Corporations (Administrative
Actions) Act 2001* is referred to as the Principal
Act.
6. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
omitting "Federal Magistrates Court" from the
definition of Commonwealth authority and
substituting "Federal Circuit Court of Australia".
*No. 40 of 2001
5
Statutory Appointments (Miscellaneous Amendments) Act 2017
Act No. of
s. 7 Part 4 - Corrections Act 1997 Amended
PART 4 - CORRECTIONS ACT 1997 AMENDED
7. Principal Act
In this Part, the Corrections Act 1997* is
referred to as the Principal Act.
8. Section 62 amended (Establishment of Parole
Board)
Section 62(2)(a) of the Principal Act is amended
by omitting "has practised as a legal practitioner
for at least 7 years" and substituting "is an
Australian lawyer of at least 7 years' standing as
an Australian legal practitioner".
*No. 51 of 1997
6
Statutory Appointments (Miscellaneous Amendments) Act 2017
Act No. of
Part 5 - Legal Aid Commission Act 1990 Amended s. 9
PART 5 - LEGAL AID COMMISSION ACT 1990
AMENDED
9. Principal Act
In this Part, the Legal Aid Commission Act
1990* is referred to as the Principal Act.
10. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of barrister;
(b) by omitting "or a barrister" from the
definition of private legal practitioner.
11. Section 5 amended (Membership of Commission)
Section 5(2)(b) of the Principal Act is amended
by omitting "a legal practitioner or a barrister of
at least 5 years standing" and substituting "an
Australian lawyer of at least 5 years' standing as
an Australian legal practitioner".
12. Section 6 amended (Functions of Commission)
Section 6(1)(e) of the Principal Act is amended
by omitting "or barristers".
*No. 42 of 1990
7
Statutory Appointments (Miscellaneous Amendments) Act 2017
Act No. of
s. 13 Part 5 - Legal Aid Commission Act 1990 Amended
13. Section 8 amended (Director of Legal Aid)
Section 8(2) of the Principal Act is amended by
omitting "a barrister or a legal practitioner" and
substituting "an Australian lawyer".
14. Section 9 amended (Acting Director)
Section 9(1) of the Principal Act is amended by
omitting "a barrister or legal practitioner" and
substituting "an Australian lawyer".
15. Section 13 amended (Constitution of Legal Aid
Committees)
Section 13(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b) "or a
barrister";
(b) by omitting from paragraph (c) "or
barristers".
8
Statutory Appointments (Miscellaneous Amendments) Act 2017
Act No. of
Part 6 - Magistrates Court Act 1987 Amended s. 16
PART 6 - MAGISTRATES COURT ACT 1987
AMENDED
16. Principal Act
In this Part, the Magistrates Court Act 1987* is
referred to as the Principal Act.
17. Section 4 amended (Appointment of magistrates)
Section 4(4A) of the Principal Act is amended
by omitting paragraph (c) from the definition of
qualified person and substituting:
(c) is or has been a judge of the Federal
Circuit Court of Australia or has been a
magistrate of the Federal Magistrates
Court; or
*No. 45 of 1987
9
Statutory Appointments (Miscellaneous Amendments) Act 2017
Act No. of
s. 18 Part 7 - Property Agents and Land Transactions Act 2016 Amended
PART 7 - PROPERTY AGENTS AND LAND
TRANSACTIONS ACT 2016 AMENDED
18. Principal Act
In this Part, the Property Agents and Land
Transactions Act 2016* is referred to as the
Principal Act.
19. Section 5 amended (Property Agents Board
continued)
Section 5(2)(a) of the Principal Act is amended
by omitting "a legal practitioner, nominated by
the Minister, who is of at least 5 years' standing "
and substituting "an Australian lawyer,
nominated by the Minister, of at least 5 years'
standing as an Australian legal practitioner".
*No. 58 of 2016
10
Statutory Appointments (Miscellaneous Amendments) Act 2017
Act No. of
Part 8 - Victims of Crime Assistance Act 1976 Amended s. 20
PART 8 - VICTIMS OF CRIME ASSISTANCE ACT
1976 AMENDED
20. Principal Act
In this Part, the Victims of Crime Assistance Act
1976* is referred to as the Principal Act.
21. Section 2 amended (Interpretation)
Section 2(1) of the Principal Act is amended by
omitting the definition of Master.
22. Section 2A amended (Appointment of
Commissioners)
Section 2A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Australian legal practitioners" and
substituting "Australian lawyers of at
least 5 years' standing as Australian
legal practitioners";
(b) by omitting from subsection (3) "the
Master, Registrar and Deputy Registrar"
and substituting "each Associate Judge,
the Registrar and the Deputy Registrar".
*No. 32 of 1976
11
Statutory Appointments (Miscellaneous Amendments) Act 2017
Act No. of
s. 23 Part 9 - Workers Rehabilitation and Compensation Act 1988 Amended
PART 9 - WORKERS REHABILITATION AND
COMPENSATION ACT 1988 AMENDED
23. Principal Act
In this Part, the Workers Rehabilitation and
Compensation Act 1988* is referred to as the
Principal Act.
24. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting the definition of barrister;
(b) by omitting the definition of practitioner.
25. Section 17A amended (Chief Workers
Rehabilitation and Compensation Commissioner)
Section 17A(2) of the Principal Act is amended
by omitting "a practitioner or barrister of not less
than 5 years' standing" and substituting "an
Australian lawyer of at least 5 years' standing as
an Australian legal practitioner".
26. Section 17B amended (Workers Rehabilitation and
Compensation Commissioner)
Section 17B(2) of the Principal Act is amended
by omitting "a practitioner or barrister of not less
than 5 years' standing" and substituting "an
*No. 4 of 1988
12
Statutory Appointments (Miscellaneous Amendments) Act 2017
Act No. of
Part 9 - Workers Rehabilitation and Compensation Act 1988 Amended s. 27
Australian lawyer of at least 5 years' standing as
an Australian legal practitioner".
27. Section 18 amended (Acting appointment)
Section 18(1) of the Principal Act is amended by
omitting "a practitioner or barrister of not less
than 5 years' standing" and substituting "an
Australian lawyer of at least 5 years' standing as
an Australian legal practitioner".
28. Section 19 amended (Part-time Workers
Rehabilitation and Compensation Commissioners)
Section 19(1) of the Principal Act is amended by
omitting "a practitioner or barrister of not less
than 5 years' standing" and substituting "an
Australian lawyer of at least 5 years' standing as
an Australian legal practitioner".
29. Section 42H amended (Representation during
conciliation process)
Section 42H(4) of the Principal Act is amended
by omitting "a practitioner" and substituting "an
Australian legal practitioner".
13
Statutory Appointments (Miscellaneous Amendments) Act 2017
Act No. of
s. 30 Part 10 - Concluding Provision
PART 10 - CONCLUDING PROVISION
30. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
14 Government Printer, Tasmania