Justice and Related Legislation (Miscellaneous Amendments) Act 2008
An Act to amend the Administration and Probate Act 1935 , the Anti-Discrimination Act 1998 , the Bills of Sale Act 1900 , the Civil Liability Act 2002 , the Civil Process Act 1870 , the Community Protection (Offender Reporting) Act 2005 , the Criminal Code Act 1924 , the Fatal Accidents Act 1934 , the Freedom of Information Act 1991 , the Guardianship and Custody of Infants Act 1934 , the Health Complaints Act 1995 , the Judicial Review Act 2000 , the Juries Act 2003 , the Justices Act 1959 , the Landlord and Tenant Act 1935 , the Magistrates Court (Civil Division) Act 1992 , the Public Trustee Act 1930 , the Sentencing Act 1997 , the Telecommunications (Interception) Tasmania Act 1999 , the Terrorism (Preventative Detention) Act 2005 and the Trustee Act 1898
[Royal Assent 26 June 2008]
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
This Act may be cited as the Justice and Related Legislation (Miscellaneous Amendments) Act 2008 .
(1) Except as provided in this section, this Act commences on the day on which this Act receives the Royal Assent.(2) Part 5 is taken to have commenced on 15 December 2005.
PART 2 - Administration and Probate Act 1935 Amended
In this Part, the Administration and Probate Act 1935 is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as follows:(a) by omitting "judges" from the definition of Probate Rules in subsection (1) and substituting "judges, or a majority of them,";(b) by inserting the following subsections after subsection (4) :(5) Any prescribed Probate Rules continue in force as if duly made under this Act as amended by the Justice and Related Legislation (Miscellaneous Amendments) Act 2008.(6) For the purposes of subsection (5) –prescribed Probate Rules means Probate Rules and any amendment to the Probate Rules –(a) made under this Act as in force before the commencement of the Justice and Related Legislation (Miscellaneous Amendments) Act 2008; and(b) in force immediately before the commencement of that Act.
5. Section 40 amended (Powers of personal representative as to appropriation)
Section 40(1)(d) of the Principal Act is amended by omitting "appointed under that Act," and substituting "appointed,".
PART 3 - Anti-Discrimination Act 1998 Amended
In this Part, the Anti-Discrimination Act 1998 is referred to as the Principal Act.
7. Section 109 amended (Regulations)
Section 109 of the Principal Act is amended by inserting after subsection (1) the following subsection:(1A) Without limiting the generality of subsection (1) , the regulations may provide for fees payable in respect of any application under this Act other than an application under Division 4 of Part 6.
PART 4 - Bills of Sale Act 1900 Amended
In this Part, the Bills of Sale Act 1900 is referred to as the Principal Act.
9. Section 33 amended (Power of Court to decide construction of bill of sale)
Section 33 of the Principal Act is amended by omitting "judges" and substituting "judges, or a majority of them,".
PART 5 - Civil Liability Act 2002 Amended
In this Part, the Civil Liability Act 2002 is referred to as the Principal Act.
11. Section 28B amended (Damages for gratuitous services)
Section 28B of the Principal Act is amended as follows:(a) by omitting from subsection (1) "only";(b) by inserting the following subsection after subsection (3) :(4) Nothing in this section prevents the award of damages under the Fatal Accidents Act 1934 for the loss of gratuitous services provided by a person whose death is caused by a wrongful act, neglect or default, within the meaning of that Act.
PART 6 - Civil Process Act 1870 Amended
In this Part, the Civil Process Act 1870 is referred to as the Principal Act.
13. Section 2 substituted
Section 2 of the Principal Act is repealed and the following section is substituted:(1) The judges, or a majority of them, are to make Rules of Court –(a) providing for the fees payable to the Sheriff, or the Sheriff's officers, for the execution of civil process; and(b) specifying whether the Sheriff or the Sheriff's officers may receive or retain any of those fees for personal use.(2) Any prescribed tables of fees continue in force as if they were Rules of Court duly made under this section as substituted by the Justice and Related Legislation (Miscellaneous Amendments) Act 2008.(3) For the purposes of subsection (2) –prescribed tables of fees means tables of fees and general rules –(a) made under this section as in force before the commencement of the Justice and Related Legislation (Miscellaneous Amendments) Act 2008; and(b) in force immediately before the commencement of that Act.
PART 7 - Community Protection (Offender Reporting) Act 2005 Amended
In this Part, the Community Protection (Offender Reporting) Act 2005 is referred to as the Principal Act.
15. Section 50A inserted
After section 50 of the Principal Act , the following section is inserted in Part 5:(1) An offender reporting order made by the Supreme Court under this Act may be appealed against in the Court of Criminal Appeal as if that order were a sentence imposed on conviction.(2) An appeal against an offender reporting order may be made by the prosecution or the person against whom the offender reporting order has been made.(3) On an appeal against an offender reporting order, the Court of Criminal Appeal may affirm, quash or vary the order.(4) Nothing in this section restricts or affects any right of appeal that a person would have apart from this section.
PART 8 - Criminal Code Act 1924 Amended
In this Part, the Criminal Code Act 1924 is referred to as the Principal Act.
17. Section 12 amended (Rules of Court)
Section 12 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "judges" and substituting "judges, or a majority of them,";(b) by omitting from subsection (1) " the Code ; and such rules may provide for all matters relating to procedure and practice on appeals to the Court of Criminal Appeal on questions reserved for the consideration and determination of that Court, or referred to that Court, pursuant to Chapter XLII of the Code, and in all proceedings before courts of trial, and all matters incidental thereto respectively." and substituting " the Code .";(c) by inserting the following subsection after subsection (1) :(1A) The Rules of Court may provide for –(a) all matters relating to procedure and practice –(i) on appeals to the Court of Criminal Appeal on questions reserved for the consideration and determination of that Court, or referred to that Court, pursuant to Chapter XLII of the Code; and(ii) on or after the committal of a defendant to the Supreme Court for sentence or trial; and(iii) in all proceedings before courts of trial; and(b) all incidental matters.
18. Schedule 1 amended (Criminal Code)
Schedule 1 to the Principal Act is amended as follows:(a) by omitting "organs." from paragraph (d) of the definition of female genital mutilation in section 1 and substituting "organs;";(b) by omitting from section 26A(1)(b) "it";(c) by omitting from section 328 "law officer" and substituting "Law Officer";(d) by omitting subparagraph (iii) from section 339A(f) ;(e) by omitting "committed for trial; or" from paragraph (a) of the definition of the prescribed period in section 368A(8) and substituting "so informed of those requirements; or".
PART 9 - Fatal Accidents Act 1934 Amended
In this Part, the Fatal Accidents Act 1934 is referred to as the Principal Act.
20. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by omitting the definition of partner and substituting the following definition:partner, in relation to a person, means an individual who, at the time when a wrongful act, neglect or default occurred in respect of the person, was in a personal relationship, within the meaning of the Relationships Act 2003 , with the person;
21. Section 10 amended (Assessing damages)
Section 10(1)(b) of the Principal Act is amended by omitting "$10 000" and substituting "$250 000".
22. Schedule 1 repealed
Schedule 1 to the Principal Act is repealed.
PART 10 - Freedom of Information Act 1991 Amended
In this Part, the Freedom of Information Act 1991 is referred to as the Principal Act.
24. Section 32A inserted
After section 32 of the Principal Act , the following section is inserted in Part 3:32A. Information relating to functions of Director of Public Prosecutions
(1) In this section –Director means the person holding, or acting in, the office of Director of Public Prosecutions established by section 3(1) of the Director of Public Prosecutions Act 1973 .(2) Information is exempt information if –(a) it is in the possession of the Director or a person whose services are provided or procured for the purposes of assisting the Director in the performance of the Director's functions under the Director of Public Prosecutions Act 1973 ; and(b) it relates to the performance of those functions.
PART 11 - Guardianship and Custody of Infants Act 1934 Amended
In this Part, the Guardianship and Custody of Infants Act 1934 is referred to as the Principal Act.
26. Section 19 amended (Rules as to procedure)
Section 19 of the Principal Act is amended by omitting "judges" and substituting "judges, or a majority of them,".
PART 12 - Health Complaints Act 1995 Amended
In this Part, the Health Complaints Act 1995 is referred to as the Principal Act.
28. Section 15 amended (Appointment of conciliators and professional mentors)
Section 15 of the Principal Act is amended by omitting subsection (3) .
PART 13 - Judicial Review Act 2000 Amended
In this Part, the Judicial Review Act 2000 is referred to as the Principal Act.
30. Schedule 1 amended (Decisions to which Act does not apply)
Schedule 1 to the Principal Act is amended by inserting after item 4 the following items:5. A decision made under the Coroners Act 1995 .6. A decision made by the Tasmanian Industrial Commission, or a member of the Tasmanian Industrial Commission, under the Industrial Relations Act 1984 .
PART 14 - Juries Act 2003 Amended
In this Part, the Juries Act 2003 is referred to as the Principal Act.
32. Section 67 amended (Rules of Court)
Section 67 of the Principal Act is amended by omitting "Court" first occurring and substituting "Court, or a majority of them,".
PART 15 - Justices Act 1959 Amended
In this Part, the Justices Act 1959 is referred to as the Principal Act.
34. Section 61 amended (Proceedings following preliminary proceedings order by Supreme Court)
Section 61(11)(a) of the Principal Act is amended by inserting "to bail" after "her".
35. Section 124 amended (Rules of court)
Section 124 of the Principal Act is amended by omitting "judges" and substituting "judges, or a majority of them,".
PART 16 - Landlord and Tenant Act 1935 Amended
In this Part, the Landlord and Tenant Act 1935 is referred to as the Principal Act.
37. Section 49 amended (Charges for distraining)
Section 49(2) of the Principal Act is amended by omitting "judges" and substituting "judges, or a majority of them,".
PART 17 - Magistrates Court (Civil Division) Act 1992 Amended
In this Part, the Magistrates Court (Civil Division) Act 1992 is referred to as the Principal Act.
39. Section 31A amended (Enforcement of judgments and orders)
Section 31A of the Principal Act is amended by omitting "orders." and substituting "orders, unless otherwise provided by the rules of court.".
PART 18 - Public Trustee Act 1930 Amended
In this Part, the Public Trustee Act 1930 is referred to as the Principal Act.
41. Section 75 amended (Power of judges to make rules)
Section 75 of the Principal Act is amended by omitting "judges" and substituting "judges, or a majority of them,".
PART 19 - Sentencing Act 1997 Amended
In this Part, the Sentencing Act 1997 is referred to as the Principal Act.
43. Section 27Y substituted
Section 27Y of the Principal Act is repealed and the following section is substituted:27Y. Expiry of operation of Part
(1) In this section –current prescribed date means the prescribed date that has most recently been prescribed as the prescribed date;prescribed date means –(a) a date that is prescribed in the regulations in accordance with this section as in force immediately before the commencement of the Justice and Related Legislation (Miscellaneous Amendments) Act 2008; or(b) a date that is prescribed in the regulations in accordance with subsection (2).(2) The regulations may prescribe a date after which a court must not make a drug treatment order under this Part if those regulations take effect before the current prescribed date passes.(3) Despite section 7(ab) , a court must not make a drug treatment order under this Part after the current prescribed date.
PART 20 - Telecommunications (Interception) Tasmania Act 1999 Amended
In this Part, the Telecommunications (Interception) Tasmania Act 1999 is referred to as the Principal Act.
45. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by omitting " Telecommunications (Interception) Act 1979 ;" from the definition of Commonwealth Act and substituting "Telecommunications (Interception and Access) Act 1979 of the Commonwealth;".
46. Section 6 amended (Documents to be given to Minister)
Section 6(d)(i) of the Principal Act is amended by omitting "Part IX" and substituting "Part 2-8".
PART 21 - Terrorism (Preventative Detention) Act 2005 Amended
In this Part, the Terrorism (Preventative Detention) Act 2005 is referred to as the Principal Act.
48. Section 24 amended (Release of person from preventative detention)
Section 24(3)(b) of the Principal Act is amended by omitting "section 34D" and substituting "section 34E".
PART 22 - Trustee Act 1898 Amended
In this Part, the Trustee Act 1898 is referred to as the Principal Act.
50. Section 62 amended (Power of judges to make rules under this Act)
Section 62 of the Principal Act is amended by omitting "judges" and substituting "judges, or a majority of them,".
[Second reading presentation speech made in:
House of Assembly on 29 MAY 2008
Legislative Council on 12 JUNE 2008]