Justice Legislation (Miscellaneous Amendments) Act 2000

Justice Legislation (Miscellaneous Amendments) Act 2000

An Act to amend the Acts Interpretation Act 1931 , the Bail Act 1994 , the Coroners Act 1995 , the Criminal Code Act 1924 , the Criminal Procedure (Attendance of Witnesses) Act 1996 , the Justices Act 1959 , the Supreme Court Civil Procedure Act 1932 and the Victims of Crime Compensation Act 1994

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:

1.   Short title

This Act may be cited as the Justice Legislation (Miscellaneous Amendments) Act 2000 .

2.   Commencement

(1)  Section 3 is taken to have commenced on 1 August 1998.

(2)  The remaining provisions of this Act commence on the day on which this Act receives the Royal Assent.

3.    Victims of Crime Compensation Act 1994 amended

Section 9 of the Victims of Crime Compensation Act 1994 is repealed and the following section is substituted:

9.   Enforcement of compensation levy

(1)  A compensation levy that a person must pay in respect of a conviction for a serious offence may be enforced as provided by sections 47 and 53 of the Sentencing Act 1997 for the enforcement of fines.

(2)  Any order made, warrant issued or act done on or after 1 August 1998 but before the Justice Legislation (Miscellaneous Amendments) Act 2000 received the Royal Assent to enforce a compensation levy in a manner provided by section 47 of the Sentencing Act 1997 is valid and effectual.

4.   Consequential amendments

The legislation specified in Schedule 1 is amended as specified in that Schedule.

SCHEDULE 1 - Consequential Amendments

Section 4

1.    Section 9 is amended by inserting after subsection (3) the following subsection:

(3A)  Despite subsection (3) , if a provision of an Act provides that the Act or a portion of the Act commences on a day, or a day or days, to be proclaimed, that provision and the provision providing for the short title of the Act come into operation on the day on which the Act receives the Royal Assent unless the Act expressly provides otherwise.

2.   After section 10 , the following section is inserted:

10A.   Meaning of "must", "is to" and "may"

(1)  In any Act –

(a) the word "must" is to be construed as being mandatory; and

(b) the words "is to" and "are to" are to be construed as being directory; and

(c) the word "may" is to be construed as being discretionary or enabling, as the context requires.

(2)  Subsection (1) applies only in respect of a provision of an Act if that provision is passed after the commencement of the Justice Legislation (Miscellaneous Amendments) Act 2000 .

3.   After section 22 , the following section is inserted:

22A.   Power to grant right includes power to vary or revoke

A power in an Act to grant a right includes a power exercisable in a like manner and subject to the same consent and conditions, if any, to vary or revoke the right.

4.   After section 23AA , the following section is inserted:

23AAB.   Power to delegate includes power to authorise

If in an Act a power to delegate a function or power is conferred on a person, the power to delegate the function or power includes a power to authorise another person to perform the function or exercise the power on behalf of the person giving the authorisation and sections 23AA and 23A apply in respect of the authorisation as if it were a delegation.

5.    Section 46 is amended as follows:

(a) by inserting the following definition after the definition of Building Regulations :

contravene includes fail to comply with;

(b) by inserting the following definition after the definition of estate :

fail to comply with includes contravene;

1.    Section 7(3) is amended by omitting "at each time and place at which proceedings may be taken on the charge or application for a restraint order in respect of which that person has been admitted to bail" and substituting "at the time and place specified in the order and to which, during the course of the subsequent proceedings, the hearing may from time to time be adjourned or to which the person may be remanded".

2.    Section 11(1)(b) is amended by omitting "judge," and substituting "judge or has appeared in the Supreme Court in proceedings in respect of which the order for bail was made,".

1.    Section 15(4)(b) is amended by inserting "or affirmation" after "oath".

2.    Section 16 is amended by inserting after subsection (2) the following subsection:

(3)  A coroner's officer may –

(a) administer an oath or affirmation; and

(b) take an affidavit.

1.   Section 248(a) of Schedule 1 to the Criminal Code Act 1924 is amended by omitting "under this chapter".

1.    Section 17(1)(a) is amended by omitting "by" and substituting "on the application of".

1.    Section 56A(6) is amended as follows:

(a) by omitting paragraph (a) ;

(b) by omitting from paragraph (b) "that, while not disputing that an order for committal be made, the defendant" and substituting "that the defendant does not dispute that an order for committal be made and".

2.    Section 61 is repealed.

3.    Section 62(1) is amended as follows:

(a) by omitting paragraph (a) ;

(b) by omitting from paragraph (b) "but" and substituting "and".

1.    Section 28 is amended as follows:

(a) by omitting from subsection (1)(a) "$5 000," and substituting "$20 000,";

(b) by omitting from subsection (1)(b) "$5 000" and substituting "$20 000";

(c) by inserting the following subsection after subsection (1) :

(1A)  A judge may exercise the powers to transfer a claim and counter-claim or a counter-claim under subsection (1) where the amount claimed or remaining in dispute exceeds $20 000 if all parties to the action agree to the transfer.

(d) by inserting in subsection (2) "under subsection (1) or (1A) " after "transferred";

(e) by omitting subsection (3) and substituting the following subsections:

(3)  If it appears to a Full Court or judge that any prescribed application or proceedings may be more conveniently tried and determined in an inferior court of civil jurisdiction, the Full Court or judge may, at any time, make an order transferring the matter to, or directing that any issue necessary for determining the matter be tried in, the inferior court of civil jurisdiction specified in the order if –

(a) the amount of the debt or money, the value of the goods or chattels the subject of the prescribed application or the amount of the debt sought to be attached or for which execution is sought to be levied does not exceed $20 000; or

(b) where the amount of the debt or money, the value of the goods or chattels the subject of the prescribed application or the amount of the debt sought to be attached or for which execution is sought to be levied is or exceeds $20 000, all parties to the prescribed application or proceedings agree to the making of the order.

(4)  In subsection (3) ,

prescribed application or proceedings means any application or proceedings in the Court by way of interpleader, or for the attachment of any debt, salary, wages or pay, to answer a judgment or order or for leave to issue execution, pursuant to the Rules of Court , against –

(a) a person as being a member of a firm against which a judgment or order has been given or made, or for leave to issue execution, pursuant to the Rules of Court ; or

(b) a person as being a member of any unincorporated society or association, or other unincorporated combination of persons in the nature of a society or association, against which, or any officer of which (as representing the society, association or other unincorporated combination of persons), a judgment or order has been given or made.

(5)  A court to which a matter has been transferred, or which is directed to try an issue necessary for the determining of a matter, under an order made under subsection (3) has jurisdiction to try and determine the matter or issue.

1.    Section 3 is amended by omitting " Guns Act 1991 " from paragraph (b) of the definition of serious offence and substituting " Firearms Act 1996 ".

[Second reading presentation speech made in:

House of Assembly on 4 OCTOBER 2000

Legislative Council on 18 OCTOBER 2000]