Justice and Related Legislation (Miscellaneous Amendments) Act 2015
An Act to amend the Acts Interpretation Act 1931 , the Administration and Probate Act 1935 , the Bail Act 1994 , the Environmental Management and Pollution Control Act 1994 , the Justices Act 1959 and various other justice-related Acts
[Royal Assent 13 October 2015]
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 2015 .
This Act commences on the day on which this Act receives the Royal Assent.
PART 2 - Acts Interpretation Act 1931 Amended
In this Part, the Acts Interpretation Act 1931 is referred to as the Principal Act.
4. Section 30A inserted
After section 30 of the Principal Act , the following section is inserted:30A. Electronic service of infringement notices
An infringement notice –(a) may be served electronically if the intended recipient of the notice consents to such service; and(b) is taken to have been served on the intended recipient if it is sent electronically to an address or number provided for that purpose.
PART 3 - Administration and Probate Act 1935 Amended
In this Part, the Administration and Probate Act 1935 is referred to as the Principal Act.
6. Section 13A inserted
After section 13 of the Principal Act , the following section is inserted in Division I:13A. Grant of administration to adult
The Court may grant letters of administration to a person aged 18 years or more, whether or not the person resides in Tasmania.
7. Section 14 amended (Provisions as to the number of personal representatives and where minority or life interest)
Section 14(2) of the Principal Act is amended by omitting "committee" and substituting "administrator".
8. Section 25 repealed
Section 25 of the Principal Act is repealed.
9. Section 40 amended (Powers of personal representative as to appropriation)
Section 40(1) of the Principal Act is amended as follows:(a) by omitting from paragraph (b) "committee of his estate" and substituting "administrator";(b) by omitting from paragraph (d) "committee of his estate" and substituting "administrator".
PART 4 - Appeal Costs Fund Act 1968 Amended
In this Part, the Appeal Costs Fund Act 1968 is referred to as the Principal Act.
11. Section 5 amended (Additional fee to be paid in certain cases)
Section 5 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "of summons";(b) by omitting from subsection (1) "plaint" and substituting "claim";(c) by omitting from subsection (4) "of summons";(d) by omitting from subsection (4) "plaint" first occurring and substituting "claim";(e) by omitting from subsection (4) "plaint" second occurring and substituting "claim".
12. Section 5A amended (Annual statement by Registrar of Workers Rehabilitation and Compensation Tribunal)
Section 5A(3) of the Principal Act is amended by omitting "plaint" and substituting "claim".
13. Section 5B amended (Annual statement by Registrar of Asbestos Compensation Tribunal)
Section 5B(3) of the Principal Act is amended by omitting "plaint in a court of requests" and substituting "claim in the Magistrates Court (Civil Division)".
PART 5 - Appeal Costs Fund Regulations 2013 Amended
In this Part, the Appeal Costs Fund Regulations 2013 are referred to as the Principal Regulations.
15. Regulation 4 amended (Additional fees payable in Supreme Court)
Regulation 4 of the Principal Regulations is amended as follows:(a) by omitting from paragraph (a) "of summons";(b) by omitting from paragraph (b) "plaint" and substituting "claim".
PART 6 - Bail Act 1994 Amended
In this Part, the Bail Act 1994 is referred to as the Principal Act.
17. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by inserting after the definition of contravene the following definition:intervention program means a program that provides –designed to address behavioural problems (including problem gambling), substance abuse, alcohol abuse or mental impairment;(a) supervised treatment; or(b) supervised rehabilitation; or(c) supervised behaviour management; or(d) supervised access to support services; or(e) a combination of any of the matters referred to in paragraphs (a) , (b) , (c) and (d) –
18. Section 5 amended (Police bail)
Section 5 of the Principal Act is amended by inserting after subsection (5C) the following subsection:(5D) Subsection (5C) does not apply if the person arrested is later released unconditionally.
19. Section 7 amended (Conditions to which bail is subject)
Section 7 of the Principal Act is amended as follows:(a) by omitting from subsection (5)(b) "bail." and substituting "bail; or";(b) by inserting the following paragraphs after paragraph (b) in subsection (5) :(c) the person admitted to bail be assessed for his or her suitability for participation in an intervention program, provided that the person consents to such an assessment; or(d) subject to subsection (5A) , the person admitted to bail undertake an intervention program.(c) by inserting the following subsection after subsection (5) :(5A) Before imposing a condition under subsection (5)(d) , the court must satisfy itself that –(a) the person consents to the imposition of such a condition; and(b) the person is eligible for the services to be included in the program; and(c) the intervention program is available for the person to participate in at a suitable place and time.
20. Section 10 amended (Power of arrest on contravention of condition of bail)
Section 10 of the Principal Act is amended by inserting after subsection (2) the following subsection:(3) Subsection (2) does not apply if the person arrested is later released unconditionally.
PART 7 - Building and Construction Industry Security of Payment Act 2009 Amended
In this Part, the Building and Construction Industry Security of Payment Act 2009 is referred to as the Principal Act.
22. Section 4 amended (Interpretation)
Section 4 of the Principal Act is amended as follows:(a) by omitting "Code" second occurring from the definition of Building Code of Australia and substituting "Codes";(b) by omitting " Building Regulations 2004 " from paragraph (f) of the definition of fire safety system and substituting " Building Regulations 2014 ".
PART 8 - Civil Liability Act 2002 Amended
In this Part, the Civil Liability Act 2002 is referred to as the Principal Act.
24. Section 28E amended (Abolition of certain actions)
Section 28E of the Principal Act is amended by inserting after paragraph (b) the following paragraphs:(ba) maintenance;(bb) champerty;
PART 9 - Debtors Act 1888 Amended
In this Part, the Debtors Act 1888 is referred to as the Principal Act.
26. Section 5 amended (Penalty for failing to appear on summons)
Section 5 of the Principal Act is amended by omitting "0.2 penalty unit" and substituting "10 penalty units".
PART 10 - Environmental Management and Pollution Control Act 1994 Amended
In this Part, the Environmental Management and Pollution Control Act 1994 is referred to as the Principal Act.
28. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by inserting after the definition of coastal waters of the State the following definition:Commissioner means the Commissioner of Police appointed under the Police Service Act 2003 ;
29. Section 94 amended (Provisions relating to seizure)
Section 94 of the Principal Act is amended as follows:(a) by omitting subsection (2) and substituting the following subsection:(2) Where a seizure order is issued under this Division, a person must not remove or interfere with the thing to which the order relates without the approval of –before an order is made under subsection (4) in respect of the thing, or the seizure order is discharged under subsection (5) .(a) the Director; or(b) in the case of a seizure order issued by a police officer, the Commissioner; or(c) in the case of a seizure order issued by a council officer, the council –Penalty: Fine not exceeding 40 penalty units.(b) by inserting in subsection (3) ", Commissioner" after "unless the Director";(c) by inserting in subsection (3) ", Commissioner" after "as the Director";(d) by inserting in subsection (4)(a) ", Commissioner" after "Director";(e) by inserting in subsection (4)(b) ", Commissioner" after "forfeited to the Director";(f) by inserting in subsection (4)(b) ", Commissioner" after "pay to the Director";(g) by inserting in subsection (5) ", Commissioner" after "Director".
30. Section 97 amended (Environment Protection Fund)
Section 97(2)(d) of the Principal Act is amended as follows:(a) by inserting "or Commissioner" after "paid to the Director";(b) by inserting "or Commissioner" after "forfeited to the Director".
PART 11 - Health Complaints Act 1995 Amended
In this Part, the Health Complaints Act 1995 is referred to as the Principal Act.
32. Section 25 amended (Assessment)
Section 25 of the Principal Act is amended as follows:(a) by inserting the following subsection after subsection (1C) :(1CA) If there is a delay in obtaining information sought by the Commissioner, the Commissioner may extend the period referred to in subsection (1) for such time as is necessary to allow the provision and consideration of the requested information.(b) by inserting in subsection (1D) "or (1CA) " after " subsection (1C) ".
PART 12 - Integrity Commission Act 2009 Amended
In this Part, the Integrity Commission Act 2009 is referred to as the Principal Act.
34. Section 53 amended (Application for use of surveillance device)
Section 53(2) of the Principal Act is amended as follows:(a) by omitting "Division 3" and substituting "Divisions 2 and 3";(b) by omitting "applies" and substituting "apply".
35. Section 75 amended (Application for use of surveillance device)
Section 75(2) of the Principal Act is amended as follows:(a) by omitting "Division 3" and substituting "Divisions 2 and 3";(b) by omitting "applies" and substituting "apply".
PART 13 - Justices Act 1959 Amended
In this Part, the Justices Act 1959 is referred to as the Principal Act.
37. Section 39A inserted
After section 39 of the Principal Act , the following section is inserted in Part VI:39A. Appearance via audio or audio visual link
Where, in any proceedings, a defendant who is in custody will not be giving evidence or making submissions, he or she may appear at those proceedings via audio link or audio visual link, both within the meaning of the Evidence (Audio and Audio Visual Links) Act 1999 , as if he or she were giving evidence under that Act.
PART 14 - Occupational Licensing Act 2005 Amended
In this Part, the Occupational Licensing Act 2005 is referred to as the Principal Act.
39. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by omitting the definition of specified person .
PART 15 - Ombudsman Act 1978 Amended
In this Part, the Ombudsman Act 1978 is referred to as the Principal Act.
41. Section 16A repealed
Section 16A of the Principal Act is repealed.
PART 16 - Powers of Attorney Act 2000 Amended
In this Part, the Powers of Attorney Act 2000 is referred to as the Principal Act.
43. Section 32AH amended (Effect of ademptions of testamentary gifts by attorney under enduring power of attorney)
Section 32AH of the Principal Act is amended by inserting after subsection (4) the following subsections:(4A) An application under subsection (4) is to be made not later than 3 months after the date of the grant of probate of the will, or letters of administration of the estate, of the deceased person.(4B) The Supreme Court may extend the period referred to in subsection (4A) if it considers it necessary.
PART 17 - Public Interest Disclosures Act 2002 Amended
In this Part, the Public Interest Disclosures Act 2002 is referred to as the Principal Act.
45. Section 60 amended (Public body to establish procedures that comply with guidelines and standards)
Section 60 of the Principal Act is amended as follows:(a) by inserting in subsection (3) "large" after "A";(b) by inserting the following subsections after subsection (3) :(4) In this section –GBE means a Government Business Enterprise within the meaning of the Government Business Enterprises Act 1995 ;large public body includes –(a) a State Service Agency; and(b) a council within the meaning of the Local Government Act 1993 ; and(c) a GBE; and(d) a State-owned company;State-owned company means a company that is incorporated under the Corporations Act and is controlled by –(a) the Crown; or(b) a GBE; or(c) a statutory authority; or(d) another company which is itself controlled by an entity referred to in paragraph (a) , (b) or (c) .(5) For the purposes of the definition of State-owned company in subsection (4) , the provisions of the Corporations Act relating to control are taken to apply as if the Crown, GBE or statutory authority, as the case may be, were a corporation under that Act.
PART 18 - Records of Offences (Access) Act 1981 Amended
In this Part, the Records of Offences (Access) Act 1981 is referred to as the Principal Act.
47. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as follows:(a) by omitting the definition of infringement notice and substituting the following definition:infringement notice means an infringement notice within the meaning of the Monetary Penalties Enforcement Act 2005 ;(b) by omitting paragraph (c) from the definition of prescribed record and substituting the following paragraph:(c) records information as to whether or not a person has been taken to have been convicted under section 20 of the Monetary Penalties Enforcement Act 2005 –
PART 19 - Right to Information Act 2009 Amended
In this Part, the Right to Information Act 2009 is referred to as the Principal Act.
49. Section 6 amended (Exclusions of certain persons or bodies)
Section 6(1) of the Principal Act is amended by inserting after paragraph (l) the following paragraph:(la) the Parole Board;
PART 20 - Search Warrants Act 1997 Amended
In this Part, the Search Warrants Act 1997 is referred to as the Principal Act.
51. Section 23 amended (Laws relating to taking forensic samples not affected)
Section 23 of the Principal Act is amended by omitting " Criminal Process (Identification and Search Procedures) Act 1976 " and substituting " Forensic Procedures Act 2000 ".
PART 21 - Surrogacy Act 2012 Amended
In this Part, the Surrogacy Act 2012 is referred to as the Principal Act.
53. Section 4 amended (Interpretation)
Section 4 of the Principal Act is amended by inserting after the definition of accredited counsellor the following definition:approved form means a form approved by the Chief Magistrate;
PART 22 - Testator's Family Maintenance Act 1912 Amended
In this Part, the Testator's Family Maintenance Act 1912 is referred to as the Principal Act.
55. Section 2 amended (Interpretation)
Section 2 of the Principal Act is amended as follows:(a) by omitting the definition of stepchild from subsection (1) and substituting the following definition:stepchild means, in relation to a person –(a) a child of that person's spouse; and(b) a child whose natural parent was the spouse of that person at the time of the natural parent's death;(b) by omitting subsection (2) and substituting the following subsection:(2) For the avoidance of doubt, the definition of stepchild, as substituted by the Justice and Related Legislation (Miscellaneous Amendments) Act 2015, does not apply in respect of a claim against the estate of a person whose death occurred before the commencement of that Act.
PART 23 - Victims of Crime Assistance Act 1976 Amended
In this Part, the Victims of Crime Assistance Act 1976 is referred to as the Principal Act.
57. Section 8 amended (Restriction on publicity of proceedings)
Section 8(2) of the Principal Act is amended by inserting after paragraph (a) the following paragraph:(ab) in any electronic form; or
PART 24 - Repeal of Act
This Act is repealed on the three hundred and sixty fifth day from the day on which it commences.
[Second reading presentation speech made in:
House of Assembly on 18 AUGUST 2015
Legislative Council on 27 AUGUST 2015]