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CLAUSE NOTES
Justice and Related Legislation (Further Miscellaneous
Amendments) Bill 2012
Clause 1: Short Title
Clause 2: Commencement Dates
Clause 3: Principal Act for Part 2 - Acts Interpretation Act
1931
Clause 4: Inserts a section in the Principal Act to clarify
that where an Act provides the Governor with
the power to fix the remuneration, expenses
or other emoluments payable to the holder of
an office a Minister or a person authorised in
writing by the Governor may exercise this
power in respect of any changes to the
amounts set at the time of appointment.
Clause 5: Principal Act for Part 3 Australian Consumer
Law (Tasmania) Act 2010
Clause 6: Omits subsection 25(6) of the Principal Act
Clause 7: Principal Act for Part 4 Bail Act 1994
Clause 8: Amends the definition of "appropriate officer"
in section 3 of the Principal Act.
Clause 9: Inserts references to the Court of Criminal
Appeal in section 7 of the Principal Act and
clarifies subsection (2) of that section.
Clause 10: Amends section 10(1)(a) of the Principal Act
to recognise that subsection (3A) allows a
Crown Law Officer to give written notice to a
person admitted to bail of the date that person
is required to appear in court.
Clause 11: Inserts references to the Court of Criminal
Appeal into section 11 of the Principal Act.
Clause 12: Substitutes a new section 12 in the Principal
Act which includes reference to the Court of
Criminal Appeal and recognises that
subsection (3A) allows a Crown Law Officer
to give written notice to a person admitted to
bail of the date that person is required to
appear in court.
Clause 13: Inserts references to the Court of Criminal
Appeal into section 20 of the Principal Act.
Clause 14: Substitutes a new section 21 in the Principal
Act to provide for collection of an amount
forfeited under sections 19 or 20 as a fine
imposed by the Court.
Clause 15: Inserts references to an appeal into section 24
of the Principal Act.
Clause 16: Principal Act for Part 5 Baptist Union
Incorporation Act 1902
Clause 17: Amends section 10A(2)(c) of the Principal Act
to reflect the change of name of a professional
body
Clause 18: Principal Act for Part 6 Building Act 2000
Clause 19: Amends the definition of Building Code of
Australia in section 3 of the Principal Act.
Clause 20: Clarifies section 266(2)(d) of the Principal Act
Clause 21: Principal Act for Part 7 Building and
Construction Industry Security of Payment Act
2009
Clause 22: Omits the definition of "business day" from
section 4 of the Principal Act. The phrase is
now defined in section 4A.
Clause 23: Principal Act for part 8 Community Protection
(Offender Reporting) Act 2005
Clause 24: Amends section 50A of the Principal Act to
allow the prosecution to appeal against a
decision not to make an offender reporting
order.
Clause 25: Principal Act for Part 9 Conveyancing Act
2004
Clause 26: Amends section 30(2)(a) of the Principal Act
to reflect the change of name of a professional
body
Clause 27: Principal Act for Part 10 Crime (Confiscation
of Profits) Act 1993
Clause 28: Inserts a new section 21A in the Principal Act
to provide that a pecuniary penalty order
made before 1 June 2011 and not paid within
60 days of the commencement of this Act is
taken to be a fine within the meaning of the
Monetary Penalties Enforcement Act 2005 and
may be enforced as such.
Clause 29: Updates a reference in section 79 of the
Principal Act.
Clause 30: Principal Act for Part 11 Dangerous Goods
(Road and Rail Transport) Act 2010
Clause 31: Omits subsection 79(6) of the Principal Act.
Clause 32: Principal Act for Part 12 Energy Ombudsman
Act 1998
Clause 33: Amends section 3 of the Principal Act to omit
the definition of "Director of Gas" and
substitute a new definition of "Regulator"
Clauses 34 to 43: Omits references to the "Director of
Gas' from sections 9A, 10, 19, 20, 27, 29, 32,
39, 39A and 39B of the Principal Act and
substitutes a new subsection 39B(7) referring
to the "Regulator"
Clause 44: Principal Act for Part 13 Environmental
Management and Pollution Control Act 1994
Clause 45: Repeals section 100A of the Principal Act
Clause 46: Principal Act for Part 14 Gaming Control Act
1993
Clause 47: Omits subsection 172A (5) of the Principal Act
Clause 48: Principal Act for Part 15 Health Service
Establishments Act 2006
Clause 49: Omits subsection 55A (5) of the Principal Act
Clause 50: Principal Act for Part 16 Legal Profession Act
2007
Clause 51: Adds a dismissal of a complaint after an
investigation (section 451) or after a hearing
(section 454(1)) to those matters taken to be
a determination of the Board for the purpose
of section 458.
Clause 52: Principal Act for Part 17 Listening Devices Act
1991
Clause 53: Inserts a new subsection (2A) in section 5 of
the Principal Act to include in the term "police
officer" for the purpose of subsection (2)(e) a
person appointed under Australian law to
prevent or investigate offences.
Clause 54: Principal Act for Part 18 Litter Act 2007
Clause 55: Omits section 17(11) of the Principal Act
Clause 56: Principal Act for Part 19 Local Government
(Highways) Act 1982
Clause 57: Corrects a section reference in section 100(7)
of the Principal Act
Clause 58: Principal Act for Part 20 Monetary Penalties
Enforcement Act 2005
Clause 59: Amends section 3 of the Principal Act to insert
a definition of "compensation order" and to
omit "made by the Magistrates court" from
paragraph (a)(ii) of the definition of fine
Clause 60: Amends section 27(2)(b) of the Principal Act
to omit the words "imposed by the
infringement notice"
Clause 61: Amends section 33 of the Principal Act to
omit "alleged" from subsection (2) and to
substitute a new subsection (4)
Clause 62: Inserts further words into section 34(2) of the
Principal Act so that a Monetary Penalties
Community Service Order (MPCSO) must
include a notice to the effect that non-
compliance with the order may result in its
cancellation and the taking of other action to
enforce payment.
Clause 63: Repeals section 36 of the Principal Act
Clause 64: Amends section 46 to include non-compliance
with an MPCSO within the section.
Clause 65: Amends section 73 to include a public place as
a place from where a conveyance may be
seized and to provide that the Director may
cancel an enforcement warrant at any time.
Clause 66: Amends section 111(b) to reflect the fact that
all outstanding compensation orders may now
be enforced under the Principal Act.
Clause 67: Principal Act for Part 21- Motor Vehicle traders
Act 2011
Clause 68: Amends section 50 of the Principal Act to
substitute "Magistrate" for "justice of the
peace".
Clause 69: Amends section 53 of the Principal Act to
substitute "Director' for "Commissioner" and
omit subsection (6).
Clause 70: Principal Act for Part 22 Occupational
Licensing Act 2005
Clause 71: Substitutes new sections 42 and 43 to provide
that a contractor's licence, as well as a
practitioner's licence, may be granted for a
period not exceeding 3 years.
Clause 72: Principal Act for Part 23 Prepaid Funerals Act
2004
Clause 73: Amends the definition of "auditor" in section 3
of the Principal Act to reflect the change of
name of a professional body.
Clause 74: Principal Act for Part 24 Property Agents and
Land Transactions Act 2005
Clause 75: Amends the definition of "accountant" in
section 3 of the Principal Act to reflect the
change of name of a professional body.
Clause 76: Principal Act for Part 25 Rail Safety Act 2009
Clause 77: Omits subsection 133(7) of the Principal Act
Clause 78: Principal Act for Part 26 Resource
Management and Planning Appeal Tribunal Act
1993
Clause 79: Amends section 14 to include the Board of the
Environment Protection Authority as a party
to an appeal where the Board has required a
condition or restriction be included in a
permit or has directed the planning authority
to refuse to grant a permit,.
Clause 80: Amends section 28 to substitute the word
"proceedings" for "appeal" to give the Tribunal
discretion to award costs even if it finds that it
does not have jurisdiction to hear and
determine a matter.
Provides that the amended provision will apply
to any matters before the Tribunal on the day
the new provision commences in respect of
which no decision has been made as to costs.
Clause 81: Principal Act for Part 27 Security and
Investigations Agents Act 2002
Clause 82: Amends subparagraph 30(2)(a)(iii) of the
Principal Act to reflect the change of name of a
professional body.
Clause 83: Amends subparagraph 41(1)(d) to reflect the
change of name of a professional body.
Clause 84: Principal Act for Part 28 Sentencing Act 1997
Clauses 85, 86, 87 and 88 Amend sections 27, 36, 42 and
54A of the Principal Act to provide that a
court may issue an arrest warrant where
reasonable efforts have been made to serve an
application under the relevant section, but
service has not been possible because the
offender's whereabouts is unknown.
Clause 89: Omits subsection 68(2) of the Principal Act as
the payment of all compensation orders will be
enforced under the Monetary Penalties
Enforcement Act 2005 which provides for the
making of variation of payment notices to
allow payment by instalments.
Clause 90: Amends section 69 of the Principal Act to
reflect the fact that a compensation order
made by the Supreme Court will now fall
within the definition of "fine" in the Monetary
Penalties Enforcement Act and will only need to
be enforced by civil action if deemed
uncollectable under section 109 of that Act.
Clause 91: Provides for the automatic repeal of this
amending Act.