Justices (Validation) Act 2021


Tasmanian Crest
Justices (Validation) Act 2021

An Act to amend the Justices Act 1959 and to validate certain summonses and warrants

[Royal Assent 29 November 2021]

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:

1.   Short title

This Act may be cited as the Justices (Validation) Act 2021 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Validation of certain summonses and warrants

(1)  In this section –
commencement day means the day on which this Act commences.
(2)  A summons or warrant that was, on a day (the relevant day) that occurred before the commencement day, purportedly issued under section 41 of the Justices Act 1959 to a person is as valid, and is to be taken to have always been as valid, as the summons or warrant would have been if, immediately before the relevant day, the amendments to that section made by this Act had been in effect.

4.   Principal Act

In this Act, the Justices Act 1959 is referred to as the Principal Act.

5.    Section 23 amended (Powers of single justice)

Section 23(b) of the Principal Act is amended by inserting "in relation to the matter of a complaint or the matter to which an application under Part XA of this Act, or Part 3 or 4 of the Family Violence Act 2004 , relates" after "witnesses".

6.    Section 41 amended (Justice may summon witnesses to attend and give evidence)

Section 41(1) of the Principal Act is amended by inserting "or the matter to which an application under Part XA of this Act, or Part 3 or 4 of the Family Violence Act 2004 , relates" after "complaint".

[Second reading presentation speech made in:

House of Assembly on 11 NOVEMBER 2021

Legislative Council on 16 NOVEMBER 2021]