Justice and Related Legislation (Miscellaneous Amendments) Act 2024
An Act to amend the Coroners Act 1995, the Criminal Code Act 1924, the Legal Profession Act 2007, the Police Offences Act 1935 and the Variation of Trusts Act 1994
[Royal Assent 13 December 2024]
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
This Act may be cited as the Justice and Related Legislation (Miscellaneous Amendments) Act 2024 .
(1) Except as provided in this section, the provisions of this Act commence on the day on which this Act receives the Royal Assent.(2) Part 2 commences on a day to be proclaimed.
This Act is repealed on the first anniversary of the day on which the last uncommenced provision of this Act commenced.
PART 2 - Coroners Act 1995 Amended
In this Part, the Coroners Act 1995 is referred to as the Principal Act.
5. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by inserting after the definition of detention centre the following definition:family violence has the same meaning as in the Family Violence Act 2004;
6. Section 24 amended (Jurisdiction of coroner to hold inquest into a death)
Section 24(1) of the Principal Act is amended as follows:(a) by omitting " section 25 " and substituting " sections 24B and 25 ";(b) by inserting the following paragraph after paragraph (ea) :(eb) the coroner suspects that family violence has materially contributed to the death of the deceased; or
7. Section 24B inserted
After section 24A of the Principal Act , the following section is inserted in Part 5:24B. Procedure where person charged with an offence before inquest
(1) This section applies to a death, a fire or an explosion if –(a) the coroner intends to hold an inquest in relation to the death, fire or explosion; and(b) before that inquest commences, a person has been charged before justices with one or more of the following offences:(i) the murder of the deceased;(ii) the manslaughter of the deceased;(iii) the infanticide of the deceased;(iv) causing grievous bodily harm to the deceased;(v) causing the death of the deceased by dangerous driving;(vi) dangerous driving, where the driving caused an accident that resulted in the death of the deceased;(vii) an offence under section 32(1) of the Traffic Act 1925 arising out of an accident that resulted in the death of the deceased;(viii) arson in relation to the fire;(ix) unlawfully causing the fire;(x) unlawfully causing the explosion.(2) The coroner may decide not to start an inquest in respect of a death, or a fire or an explosion, to which this section applies if, after the conclusion of the criminal proceedings for the relevant offence under subsection (1)(b) , the coroner is of the opinion that there is no longer sufficient cause to hold the inquest.(3) An inquest that is held in respect of a death, or a fire or an explosion, to which this section applies, must not contain any finding which is inconsistent with the facts as determined during the criminal proceedings held in respect of the relevant offence under subsection (1)(b) .
8. Section 25 amended (Procedure at inquest where person charged with an offence)
Section 25 of the Principal Act is amended by omitting subsection (4) and substituting the following subsection:(4) If, in the course of the criminal proceedings for an offence referred to in subsection (2), a person has been charged in respect of the offence, the inquest, on its resumption, must not contain any finding which is inconsistent with the facts as determined during those proceedings.
9. Section 26B inserted
After section 26A of the Principal Act , the following section is inserted in Part 5:26B. Inquests relating to family violence
(1) Despite section 24B(2) and section 25(3) , a coroner may only decide not to hold, or resume, an inquest pursuant to section 24(1)(eb) into a death if –(a) the family violence, that the coroner suspects materially contributed to the death –(i) is the subject of criminal proceedings in any court; or(ii) has been referred to in connection with criminal proceedings in any court; and(b) as a result of the facts as determined during the criminal proceedings, the coroner –(i) no longer suspects that family violence materially contributed to the death; or(ii) is satisfied that the contribution that family violence made to the death has been addressed and it would not be in the public interest to hold the inquest.(2) For the avoidance of doubt, subsection (1) applies to holding, or resuming, an inquest pursuant to section 24(1)(eb) into a death even if another provision in section 24(1) also applies in respect of the death.
10. Sections 72AA and 72AAB inserted
After section 72 of the Principal Act , the following sections are inserted in Part 8:72AA. Transitional provisions consequent on commencement of Justice and Related Legislation (Miscellaneous Amendments) Act 2024
(1) Section 24, as in force immediately before the commencement of Part 2 of the Justice and Related Legislation (Miscellaneous Amendments) Act 2024, applies to a death that occurred before the commencement of that Part.(2) Section 25, as in force immediately before the commencement of Part 2 of the Justice and Related Legislation (Miscellaneous Amendments) Act 2024, applies to an inquest that has commenced before the commencement of that Part.(3) For the avoidance of doubt, section 24B does not apply in respect of an inquest that has commenced before the commencement of Part 2 of the Justice and Related Legislation (Miscellaneous Amendments) Act 2024.(4) Section 26B does not apply in respect of a death that occurred before the commencement of that section.72AAB. Review of certain amendments made by Justice and Related Legislation (Miscellaneous Amendments) Act 2024
(1) The Minister is to cause a review of the operation of section 24(1)(eb) to be completed within 6 months of the second anniversary of the day on which section 6(b) of the Justice and Related Legislation (Miscellaneous Amendments) Act 2024 commenced.(2) A review under subsection (1) is to include, but is not limited to, a review of –(a) the impact of section 24(1)(eb) on the workload of the Magistrates Court (Coronial Division); and(b) the effect of that section, if any, on systemic reforms relating to family violence.(3) The Minister is to cause a copy of the review under subsection (1) to be tabled in each House of Parliament within 10 sitting-days of that House after the review is given to the Minister.
PART 3 - Criminal Code Act 1924 Amended
In this Part, the Criminal Code Act 1924 is referred to as the Principal Act.
12. Section 4A inserted
After section 4 of the Principal Act , the following section is inserted:4A. Appointment of Crown Law officers
(1) The Governor may appoint a person to institute or prosecute criminal proceedings in the Supreme Court.(2) On the commencement of this section, section 5 of the Australian Courts Act 1828 ceases to be in force and have effect in respect of this State.(3) For the avoidance of doubt, the fact that section 5 of the Australian Courts Act 1828 ceases to be in force and have effect on the commencement of this section does not affect the validity of a person appointed under that section before the commencement of this section.
13. Schedule 1 amended (Criminal Code)
Schedule 1 to the Principal Act is amended as follows:(a) by omitting section 119 ;(b) by inserting the following section after section 130G :131. Production or possession of bestiality product
(1) In this section –bestiality product has the same meaning as in section 71 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995;produce includes make, film, print, photograph, record and otherwise reproduce.(2) A person who –is guilty of a crime.(a) produces, or does any thing to facilitate the production of, a bestiality product; and(b) knows, or ought to have known, that the product is or will be a bestiality product –Charge: Producing bestiality product.(3) A person who –is guilty of a crime.(a) is in possession of a bestiality product; and(b) knows, or ought to have known, that the product is a bestiality product –Charge: Possessing bestiality product.
PART 4 - Legal Profession Act 2007 Amended
In this Part, the Legal Profession Act 2007 is referred to as the Principal Act.
15. Section 359 amended (Minister to approve funding)
Section 359 of the Principal Act is amended by inserting after subsection (3) the following subsection:(3A) The Minister may approve, under this section, an amount to be paid from the Guarantee Fund that results in the Guarantee Fund being less, or remaining less, than the amount at which it is required to be maintained, under section 358(3)(b) , at the time of the approval, if the amount in the Guarantee Fund after the payment is made remains more than the amount specified in section 358(3)(a) .
PART 5 - Police Offences Act 1935 Amended
In this Part, the Police Offences Act 1935 is referred to as the Principal Act.
17. Section 12 amended (Prohibited language and behaviour)
Section 12(1)(c) of the Principal Act is amended by omitting "obscene, offensive, or blasphemous language" and substituting "obscene or offensive language".
18. Section 35 amended (Common assault and aggravated assault)
Section 35 of the Principal Act is amended as follows:(a) by omitting from subsection (5) " subsection (5A) " and substituting " subsections (5A) and (5B) ";(b) by omitting subsection (5B) and substituting the following subsections:(5B) A complaint made for the purposes of the Justices Act 1959 in relation to one of the following offences may be made at any time after the date of the offence:(a) an offence under subsection (3) ;(b) an offence under subsection (1) if, under subsection (4) , the complaint for the same assault was amended from a complaint under subsection (3) to a complaint under subsection (1) .(5C) The amendments to this section effected by the Justice and Related Legislation (Miscellaneous Amendments) Act 2024 apply in respect of proceedings for an offence –(a) whether or not that offence was committed before or after the commencement of section 18 of that Act; and(b) whether or not a limitation period previously applying to the offence had expired before the commencement of section 18 of that Act.
PART 6 - Variation of Trusts Act 1994 Amended
In this Part, the Variation of Trusts Act 1994 is referred to as the Principal Act.
20. Section 5 amended (Application for variation of trust)
Section 5 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:(1) In this section –original purposes, in relation to a charitable trust, means the purposes for which the property of the trust is being required, or permitted, to be applied, regardless of whether those purposes of the trust have been varied or regulated previously.
[Second reading presentation speech made in:
House of Assembly on 1 AUGUST 2024
Legislative Council on 22 OCTOBER 2024]