Justice Legislation (Miscellaneous Amendments) Act 1999
An Act to amend the Acts Interpretation Act 1931 , the Bail Act 1994 , the Consumer Affairs Act 1988 , the Coroners Act 1995 , the Criminal Justice (Mental Impairment) Act 1999 , the Magistrates Court Act 1987 , the Magistrates Court (Civil Division) Act 1992 and the Supreme Court Civil Procedure Act 1932 and for other purposes
[Royal Assent 24 November 1999]
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:
This Act may be cited as the Justice Legislation (Miscellaneous Amendments) Act 1999 .
This Act commences on the day on which this Act receives the Royal Assent.
The Acts specified in Schedule 1 are amended as specified in that Schedule.
4. Postponement of rescission of Maintenance Regulations 1968
The rescission of the Maintenance Regulations 1968 that, but for this section, was to have been effected on 1 January 2000 under section 11 of the Subordinate Legislation Act 1992 is postponed until 1 January 2001.
SCHEDULE 1 - Consequential AmendmentsActs Interpretation Act 1931
1. Section 23AA(1)(b) is amended by omitting "concerned." and substituting "concerned, whether or not the office or position is vacant at the time of the delegation.".
2. Section 24 is amended as follows:(a) by inserting in paragraph (bb)(ii) "and" after "reproduced;";(b) by omitting paragraph (c) .
3. After section 24 , the following section is inserted:(1) A word or expression that indicates one or more particular genders is taken to include every other gender.(2) A word in either the masculine or feminine gender includes a body corporate or unincorporate.
4. Section 40 is repealed and the following sections are substituted:40. Conditions precedent need not be recited
(1) In this section,statutory authority means an incorporated or unincorporated body which is established, constituted or continued by or under an Act or under the royal prerogative, being a body which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister of the Crown or another statutory authority.(2) If by any Act the Governor, a Minister, a statutory authority, a rule-making authority or any specified officer is empowered to make or issue any proclamation, order-in-council, order, warrant or other instrument, it is sufficient to cite in the proclamation, order-in-council, order, warrant or instrument the Act authorising its making or issuing, and it is not necessary to recite or set forth any facts or circumstances or the performance of any conditions precedent upon which that power depends or may be exercised.40A. Changes in names of bodies and offices
If a body referred to in an Act changes its name, a reference in the Act to the former name of the body is to be read as a reference to the changed name of the body.
5. Section 46 is amended by inserting after the definition of Federal Court the following definition:Bail Act 1994fee unit has the same meaning as in the Fee Units Act 1997 ;
1. Section 7(2) is amended by inserting "the person making that order may require the person admitted to bail to sign a document that specifies the terms of that order and, if the authorised person does so require that signature," after "bail,".Consumer Affairs Act 1988
1. The long title is amended by inserting "and Fair Trading" after "of Consumer Affairs".
2. Section 3(1) is amended as follows:(a) by inserting "and Fair Trading" after "of Consumer Affairs" in the definition of Consumer Affairs Officer ;(b) by inserting "and Fair Trading" after "Affairs" in the definition of Director ;(c) by inserting "and Fair Trading" after "Affairs" in the definition of Office .
3. Part III is amended by inserting in the heading to that Part "AND FAIR TRADING" after "AFFAIRS".
4. Section 9 is amended as follows:(a) by inserting in subsection (1) "and Fair Trading" after "Affairs";(b) by inserting in subsection (2) "and Fair Trading" after "Affairs".
5. Section 10(1) is amended by inserting "and Fair Trading" after "Affairs".Coroners Act 1995
1. Section 3 is amended as follows:(a) by omitting the definition of coroner's clerk and substituting the following definition:coroner's associate includes the Chief Clerk (Coronial Division);(b) by omitting "Tasmania –" from paragraph (a)(iii) of the definition of reportable death and substituting "Tasmania; or";(c) by inserting the following subparagraph after subparagraph (iii) in paragraph (a) of the definition of reportable death :(iiia) the death occurred while the person was travelling from or to Tasmania –
2. Section 13(1) is amended by omitting "clerk" and substituting "associate".
3. Section 15 is amended as follows:(a) by omitting from subsection (1) "clerks" and substituting "associates";(b) by omitting from subsection (2) "Secretary of the Department" and substituting "Chief Magistrate";(c) by omitting from subsection (2) "clerks" and substituting "associates".
4. Section 18(1)(d) is amended by omitting "clerk" and substituting "associate".
5. Section 29(1) is amended by omitting "clerk" and substituting "associate".
6. Section 46(1) is amended by omitting "clerk" and substituting "associate".
7. Section 72 is amended by inserting after subsection (3) the following subsections:Criminal Justice (Mental Impairment) Act 1999(4) A person who, immediately before the commencement of the Justice Legislation (Miscellaneous Amendments) Act 1999 held an office of coroner's clerk, holds the office of coroner's associate on the same terms and conditions and the appointment to the office of coroner's clerk is taken to be an appointment to the office of coroner's associate made by the Chief Magistrate.(5) A reference in any Act or other document to a coroner's clerk is taken to be a reference to a coroner's associate.
1. Schedule 1 is amended as follows:Magistrates Court Act 1987(a) by omitting from the oath in Part 1 "to" third occurring;(b) by omitting from the affirmation in Part 2 "to" third occurring.
1. After section 10A , the following section is inserted in Part II:10B. Magistrates not required to give evidence in certain cases
A magistrate is not a compellable witness in a court or judicial proceedings in respect of anything that came to the magistrate's knowledge in carrying out the functions and powers of a magistrate.
2. After section 17B , the following section is inserted in Part IV:Magistrates Court (Civil Division) Act 1992(1) On or before 30 November in each year, the Chief Magistrate must prepare and provide to the Minister an annual report in respect of the year that ended on the preceding 30 June.(2) The annual report –(a) must include details as to the administration of justice in each lower court during that year; and(b) may include any other matter that the Chief Magistrate considers appropriate.(3) The Minister must cause a copy of the annual report to be laid on the table of each House of Parliament within 10 sitting days after receiving it.
1. Section 22 is amended by inserting after subsection (1A) the following subsection:(1B) Rules of Court may make provision in respect of mediation and conciliation conferences and any matter related to, or necessary or appropriate to give effect to, mediation and conciliation conferences including, but not limited to, the following matters:(a) the appointment of mediators and conciliators;(b) the conduct of mediation and conciliation conferences;(c) the procedure to be followed before, at and after mediation and conciliation conferences;(d) the giving of directions and making of orders by the person conducting a mediation and conciliation conference;(e) the effect of mediation and conciliation conferences;(f) judgment following mediation and conciliation conferences or failure of a party to attend mediation and conciliation conferences.
2. After section 39 , the following section is inserted in Part 7:Supreme Court Civil Procedure Act 193239A. Mediators and conciliators protected from liability
(1) A mediator or conciliator does not incur any personal liability in respect of any act done or omitted in good faith in the performance or exercise, or in the purported performance or exercise, of any function or power under this Act.(2) A civil liability that would, but for subsection (1) , lie against a person lies against the Crown.
1. After section 194G , the following section is inserted in Part XIII:(1) On or before 30 November in each year, the Chief Justice must prepare and provide to the Minister an annual report in respect of the year that ended on the preceding 30 June.(2) The annual report –(a) must include details as to the administration of justice in the Court during that year; and(b) may include any other matter that the Chief Justice considers appropriate.(3) The Minister must cause a copy of the annual report to be laid on the table of each House of Parliament within 10 sitting days after receiving it.
[Second reading presentation speech made in:
House of Assembly on 5 OCTOBER 1999
Legislative Council on 27 OCTOBER 1999]