Criminal Code Amendment (Criminal Jurisdiction of the Associate Judge) Act 2023
An Act to amend the Criminal Code Act 1924
[Royal Assent 7 November 2023]
Be it enacted by His Excellency the Lieutenant-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 Criminal Code Amendment (Criminal Jurisdiction of the Associate Judge) Act 2023 .
This Act commences on the day on which this Act receives the Royal Assent.
In this Act, the Criminal Code Act 1924 is referred to as the Principal Act.
4. Schedule 1 amended (Criminal Code)
After section 371A of the Principal Act , the following section is inserted in Chapter XL:372. Powers of Associate Judge
(1) The Chief Justice may issue a direction that empowers the Associate Judge to exercise the powers of the Supreme Court other than –(a) the conducting of a trial in relation to a crime; and(b) the imposing of a sentence in respect of a crime; and(c) the hearing of an appeal in relation to bail.(2) For the avoidance of doubt, if the Associate Judge is empowered to exercise the powers of the Supreme Court by virtue of a direction issued under subsection (1) –(a) the Associate Judge may exercise those powers in the same manner as they may be exercised by the Court and subject to the same provisions; and(b) a reference in this Act, or any other Act, to the Court or a judge in relation to those powers includes a reference to the Associate Judge.
This Act is repealed on the first anniversary of the day on which this Act commenced.
[Second reading presentation speech made in:
House of Assembly on 14 SEPTEMBER 2023
Legislative Council on 18 OCTOBER 2023]