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CLAUSE NOTES
Justice and Related Legislation (Further Miscellaneous
Amendments) Bill 2009
Clause 1: Short Title
Clause 2: Commencement dates The Residential Tenancy change is
to have effect from the commencement of the new water and sewerage
laws and the changes to committal proceedings and sentencing will
commence on proclamation as there will be a need for preliminary
work including practice directions before they can commence.
Clause 3: Automatic repeal of Act after commencement of provisions
Clause 4: Principal Act Corrections Act 1997
Clause 5: Inserts definition of "eligible persons register".
Clause 6: Amends section 72 to replace "victims register" with
"eligible persons register" and to provide for the parent or
guardian of a victim who is a minor or a person with a
mental incapacity to be notified and to provide a written
statement on the victim's behalf.
Clause 7: Inserts new sections 87A and 87B which provide for the
keeping of an eligible persons register and set out who may
apply to be listed on the register and other related matters
and the information that may be released by the Secretary
to a person on the eligible persons register.
Clause 8: Principal Act Criminal Code Act 1924
Clause 9: Amends section 400 by inserting a new subsection to
provide that the Associate Judge of the Supreme Court is
also an Associate Judge of the Court of Criminal Appeal
and making a consequential amendment to section 410
Amends section 401 by inserting a new paragraph providing
for an appeal by the prosecution against a stay of
proceedings with leave of the Court.
Inserts a new section 418A setting out the powers of the
Associate Judge in the Court of Criminal Appeal.
Clause 10: Principal Act Criminal Law (Detention and Interrogation) Act
1995
Clause 11: Inserts definitions of "correctional officer" and "reception
prison" in section 3.
Clause 12: Amends section 16 to provide that a custody officer may
transfer a person in custody to a correctional officer of a
reception prison and that when that has been done the
custody officer has no further duties under the Act except
for the duties imposed by section 4.
Clause 13: Inserts a new section 17 which sets out the duties of the
correctional officer in relation to a person in custody which
are to treat the person in accordance with any correctional
standing orders made by the Director of Corrective
Services and to transfer, or permit the transfer of the
person in custody on request to a police officer or a
custody officer.
Clause 14: Principal Act Justices Act 1959
Clause 15: Amends section 55(5) to reduce the time limit between
first appearance and committal to the Supreme Court from
7 weeks to 4 weeks.
Clause 16: Inserts a new section 72AB in the Act which provides for
an offence under section 105 of the Criminal Code Act 1924
that relates to an offence under the Traffic Act 1925, the
Vehicle and Traffic Act 1999 or the Road Safety (Alcohol and
Drugs) Act 1970 in the circumstances set out in the section
to be dealt with as a summary offence.
Clause 17: Principal Act Magistrates Court (Civil Division) Act 1992
Clause 18: Substitutes a new section 28 which excepts a minor civil
claim from the general right of appeal and provides that a
minor civil claim may only be appealed to the Supreme
Court if the magistrate lacked jurisdiction or exceeded his
or her jurisdiction or if the party was denied natural justice.
The section also provides for an appeal to the Supreme
Court on any other ground if a judge of the Supreme Court
gives leave. Following any appeal from a minor civil claim
the judge may make any orders he or she considers
appropriate.
Clause 19: Principal Act Mental Health Act 1996
Clause 20: Inserts a definition of "eligible persons register" in section 3
and omits the definition of "victims register"
Clause 21: Replaces "victims register" with "eligible persons register"
in section 72P
Clause 22: Replaces "victims register" with "eligible persons register"
in section 72Q
Clause 23: Replaces "victims register" with "eligible persons register"
in section 72R
Clause 24: Replaces "victims register" with "eligible persons register"
and replaces "notify any victim registered" with "notify any
person recorded on the eligible persons register" in section
73P.
Clause 25: Principal Act Police Powers (Surveillance Devices) Act 2006
Clause 26: Substitutes a new section 8 for the existing section to
clarify that a Magistrate may issue a surveillance device
warrant that authorises the use of a surveillance device only
within Tasmania.
Clause 27: Inserts certain words in subsection (1)(c) of section 9 for
consistency with paragraph (1)(b) and clarifies that an
application is to be made to a Magistrate in relation to the
use of a surveillance device only within Tasmania.
Clause 28: Principal Act Residential Tenancy Act 1997
Clause 29: Amends section 17(4) to replaces the word "council" in the
definition of "water consumption charge" with "regulated
entity, within the meaning of the Water and Sewerage
Industry Act 2008"
Clause 30: Principal Act Sentencing Act 1997
Clause 31: Substitutes a new section 24 intended to bolster the effect
of suspended sentences by enabling the court to impose
community service, probation and rehabilitation obligations
by way of conditions attached to a single order suspending
a sentence of imprisonment rather than by making multiple
or combined orders in respect of a single offence.
Clause 32: Amends section 27: to enable the prosecution or
complainant to make an oral application to a court which
finds a person guilty of an offence punishable by
imprisonment committed during the operational period of
the suspended sentence, while the offender is before the
court in relation to the new offence; and to introduce a
presumption of activation of a sentence held in abeyance
and the offender imprisoned, unless the offender can satisfy
the court that it would be unjust in the circumstances
which have arisen after the order suspending the term of
imprisonment was made.
Clause 33: Amends section 36: by introducing a new process whereby
an offender who is subject to a community service order
will be brought before the court on an application, rather
than by complaint, to answer to the court on any allegation
that they are in breach of a condition of the order, and this
process is intended to achieve a certain level of streamlining
of the process for bringing similar breaches before the
court; and it inserts a new section 36AA which restates the
offence provisions formerly in section 36(1)(b) and (c)
which have been separated by this amendment Act from
the breach of condition provision in former section
36(1)(a).
Clause 34: Amends section 42: by introducing a new process whereby
an offender who is subject to a probation order will be
brought before the court on an application, rather than by
complaint, to answer to the court on any allegation that
they are in breach of a condition of the order, and this
process is intended to achieve a certain level of streamlining
of the process for bringing similar breaches before the
court; and it inserts a new section 42A which restates the
offence provision formerly in section 42(1)(b) which has
been separated by this amendment Act from the breach of
condition provision in former section 42(1)(a).
Clause 35: Amends s 54A by introducing a new process whereby an
offender who is subject to a rehabilitation program order
will be brought before the court on an application, rather
than by complaint, to answer to the court on any allegation
that they are in breach of the order; and this process is
intended to achieve a certain level of streamlining of the
process for bringing similar breaches before the court.
Clause 36: Inserts a reference to compensation for personal "injury"
into section 68(9) making the subsection consistent with
subsection (1).
Clause 37: Principal Act Supreme Court Civil Procedure Act 1932
Clause 38: Amends section 197(1)(f) to reflect that the Associate
Judge's role in the appellant jurisdiction of the court will
not include the determination and hearing of the listed
matters.