Justice and Related Legislation (Further Miscellaneous Amendments) Act 2023
An Act to amend the Appeal Costs Fund Act 1968, the Crimes at Sea Act 1999, the Criminal Code Act 1924, the Dangerous Criminals and High Risk Offenders Act 2021, the Goldamere Pty Ltd (Agreement) Act 1996, the Magistrates Court (Civil Division) Act 1992, the Nature Conservation Act 2002, the Ombudsman Act 1978, the Public Accounts Committee Act 1970, the Public Works Committee Act 1914, the Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016, the Tasmanian Civil and Administrative Tribunal Act 2020, the Urban Drainage Act 2013, the Workers Rehabilitation and Compensation Act 1988 and the Workers' (Occupational Diseases) Relief Fund Act 1954
[Royal Assent 27 November 2023]
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 (Further Miscellaneous Amendments) Act 2023 .
This Act commences on the day on which this Act receives the Royal Assent.
This Act is repealed on the first anniversary of the day on which it commenced.
PART 2 - Appeal Costs Fund Act 1968 Amended
In this Part, the Appeal Costs Fund Act 1968 is referred to as the Principal Act.
5. Section 2 amended (Interpretation)
Section 2 of the Principal Act is amended as follows:(a) by omitting "other appeal." from the definition of sequence of appeals and substituting "other appeal;";(b) by inserting the following definition after the definition of sequence of appeals :Tribunal means the Tasmanian Civil and Administrative Tribunal.
6. Section 5A amended (Annual statement to Workplace Safety Board of Tasmania)
Section 5A(1) of the Principal Act is amended as follows:(a) by omitting "Workers Rehabilitation and Compensation Tribunal established under the Workers Rehabilitation and Compensation Act 1988 " and substituting "Tribunal";(b) by omitting "that Act" and substituting "the Workers Rehabilitation and Compensation Act 1988 ";(c) by inserting "under that Act" after "made".
7. Section 5B amended (Annual statement to Asbestos Compensation Commissioner)
Section 5B(1) of the Principal Act is amended as follows:(a) by omitting "Asbestos Compensation Tribunal established under the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 " and substituting "Tribunal";(b) by omitting "that Act" first occurring and substituting "the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 ".
PART 3 - Crimes at Sea Act 1999 Amended
In this Part, the Crimes at Sea Act 1999 is referred to as the Principal Act.
The Principal Act is amended by omitting the Annexure and substituting the following Annexure:
PART 4 - Criminal Code Act 1924 Amended
In this Part, the Criminal Code Act 1924 is referred to as the Principal Act.
11. Schedule 1 amended (Criminal Code)
Section 361AA(2)(a) of the Principal Act is amended by omitting "been committed to trial for the crime" and substituting "first appeared before the Supreme Court in respect of the crime".
PART 5 - Dangerous Criminals and High Risk Offenders Act 2021 Amended
In this Part, the Dangerous Criminals and High Risk Offenders Act 2021 is referred to as the Principal Act.
13. Section 34 amended (Hearing of application)
Section 34 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:(2) After receiving an application in relation to an offender, the Supreme Court may make one or more of the following orders:(a) an order for the Chief Psychiatrist under the Mental Health Act 2013 to provide to the Court, by the date specified in the order, a report, prepared by a psychiatrist, psychologist or medical practitioner, as to the likelihood of the offender committing another serious offence unless an HRO order is made in relation to the offender;(b) if a copy of a behavioural report or a management report was provided to the DPP under section 27(4) in respect of the offender, an order for an updated report to be provided to the Court by the date specified in the order;(c) if a behavioural report or a management report was not provided to the DPP under section 27(4) in respect of the offender, an order that either or both of the following reports be provided to the Court by the date specified in the order:(i) a behavioural report within the meaning of section 27(2);(ii) a management report, within the meaning of section 27(3), by the relevant agency specified in the order or, if no agency is so specified, by any relevant agency.
PART 6 - Goldamere Pty Ltd (Agreement) Act 1996 Amended
In this Part, the Goldamere Pty Ltd (Agreement) Act 1996 is referred to as the Principal Act.
15. Section 8 amended (Application of Environmental Legislation, &c., to ABM Project)
Section 8 of the Principal Act is amended by omitting " Resource Management and Planning Appeal Tribunal Act 1993 " and substituting "Tasmanian Civil and Administrative Tribunal Act 2020".
PART 7 - Magistrates Court (Civil Division) Act 1992 Amended
In this Part, the Magistrates Court (Civil Division) Act 1992 is referred to as the Principal Act.
17. Section 23 amended (Interpretation of Division)
Section 23 of the Principal Act is amended by omitting the definition of prescribed rate and substituting the following definition:prescribed rate, in relation to a judgment, means the prescribed rate referred to in section 35A of the Supreme Court Civil Procedure Act 1932, as in force at the time at which the judgment is given.
18. Section 24 repealed
Section 24 of the Principal Act is repealed.
19. Section 26 amended (Interest on judgments)
Section 26(1) of the Principal Act is amended by omitting paragraph (a) and substituting the following paragraph:(a) the rate of interest that applied, under section 165 of the Supreme Court Civil Procedure Act 1932, at the time at which the judgment was entered; or
PART 8 - Nature Conservation Act 2002 Amended
In this Part, the Nature Conservation Act 2002 is referred to as the Principal Act.
21. Section 33 amended (Interpretation of Part)
Section 33 of the Principal Act is amended as follows:(a) by omitting "to the Forest Practices Tribunal" from paragraph (b) of the definition of affected owner ;(b) by omitting "to the Forest Practices Tribunal" from paragraph (c) of the definition of affected owner ;(c) by omitting "Forest Practices Tribunal" from the definition of arbitrator and substituting "Tasmanian Civil and Administrative Tribunal";(d) by omitting the definition of Forest Practices Tribunal .
PART 9 - Ombudsman Act 1978 Amended
In this Part, the Ombudsman Act 1978 is referred to as the Principal Act.
23. Section 20A amended (Ombudsman may make preliminary inquiries)
Section 20A(1) of the Principal Act is amended by inserting "an investigation should be carried out on the Ombudsman's own motion or" after "if".
PART 10 - Public Accounts Committee Act 1970 Amended
In this Part, the Public Accounts Committee Act 1970 is referred to as the Principal Act.
25. Section 7 amended (Evidence before Committee)
Section 7(11) of the Principal Act is amended as follows:(a) by omitting "Parliamentary Privilege Act 1957" and substituting "Parliamentary Privilege Act 1858";(b) by omitting "Division" and substituting "section".
PART 11 - Public Works Committee Act 1914 Amended
In this Part, the Public Works Committee Act 1914 is referred to as the Principal Act.
27. Section 22 amended (Power to take evidence)
Section 22(2) of the Principal Act is amended by omitting "Parliamentary Privilege Act 1957" and substituting "Parliamentary Privilege Act 1858".
PART 12 - Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016 Amended
In this Part, the Strategic Infrastructure Corridors (Strategic and Recreational Use) Act 2016 is referred to as the Principal Act.
29. Section 56 amended (Applications for permitted development in relation to land within, or adjoining, corridor)
Section 56(3)(b) of the Principal Act is amended by omitting " section 14 of the Resource Management and Planning Appeal Tribunal Act 1993 " and substituting "clause 7(3) of Part 8 of Schedule 2 to the Tasmanian Civil and Administrative Tribunal Act 2020".
PART 13 - Tasmanian Civil and Administrative Tribunal Act 2020 Amended
In this Part, the Tasmanian Civil and Administrative Tribunal Act 2020 is referred to as the Principal Act.
31. Schedule 2 amended (General Division)
Clause 9 of Part 8 of Schedule 2 to the Principal Act is amended as follows:(a) by omitting from subclause (6)(b) "this subsection" and substituting "this clause";(b) by omitting from subclause (7)(c) "this subsection" and substituting "this clause".
PART 14 - Urban Drainage Act 2013 Amended
In this Part, the Urban Drainage Act 2013 is referred to as the Principal Act.
33. Section 15 amended (Power of authorised officers to carry out work on or adjacent to public land)
Section 15(11) of the Principal Act is amended by omitting " Resource Management and Planning Appeal Tribunal Act 1993 " and substituting " Tasmanian Civil and Administrative Tribunal Act 2020 ".
PART 15 - Workers Rehabilitation and Compensation Act 1988 Amended
In this Part, the Workers Rehabilitation and Compensation Act 1988 is referred to as the Principal Act.
35. Section 62 amended (Orders of Tribunal final)
Section 62 of the Principal Act is amended as follows:(a) by omitting from subsection (1) " section 63 " and substituting "section 136(1) of the Tasmanian Civil and Administrative Tribunal Act 2020 ";(b) by omitting from subsection (4) " section 63 " and substituting "section 137(1) of the Tasmanian Civil and Administrative Tribunal Act 2020 ".
36. Section 77G amended (Appeals)
Section 77G(7) of the Principal Act is amended by omitting " section 63 " and substituting "section 136(1) of the Tasmanian Civil and Administrative Tribunal Act 2020 ".
PART 16 - Workers' (Occupational Diseases) Relief Fund Act 1954 Amended
In this Part, the Workers' (Occupational Diseases) Relief Fund Act 1954 is referred to as the Principal Act.
38. Section 43 amended (Appeal from decisions of Secretary)
Section 43 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "Workers Rehabilitation and Compensation Tribunal established under the Workers Rehabilitation and Compensation Act 1988 " and substituting "Tasmanian Civil and Administrative Tribunal";(b) by omitting from subsection (2)(b) "Registrar of the Workers Rehabilitation and Compensation Tribunal" and substituting "Tasmanian Civil and Administrative Tribunal".
[Second reading presentation speech made in:
House of Assembly on 17 OCTOBER 2023
Legislative Council on 2 NOVEMBER 2023]