New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Justice Legislation Amendment
(Miscellaneous) Bill 2023
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Explanatory notes 2
Schedule 1 Amendment of Bail Act 2013 No 26 3
Schedule 2 Amendment of Children's Guardian Act 2019 No 25 4
Schedule 3 Amendment of Fines Act 1996 No 99 5
Schedule 4 Amendment of Law Enforcement (Powers and Responsibilities) Act
2002 No 103 6
Schedule 5 Amendment of Terrorism (Police Powers) Act 2002 No 115 7
Schedule 6 Amendment of other legislation 8
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2023
New South Wales
Justice Legislation Amendment
(Miscellaneous) Bill 2023
Act No , 2023
An Act to amend various Acts and regulations relating to courts, crimes and other Communities
and Justice portfolio matters.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Justice Legislation Amendment (Miscellaneous) Bill 2023 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Justice Legislation Amendment (Miscellaneous) Act 2023.
2 Commencement
This Act commences on the date of assent to this Act.
3 Explanatory notes
An explanatory note in a schedule of this Act does not form part of this Act.
Page 2
Justice Legislation Amendment (Miscellaneous) Bill 2023 [NSW]
Schedule 1 Amendment of Bail Act 2013 No 26
Schedule 1 Amendment of Bail Act 2013 No 26
[1] Section 4 Definitions
Insert in alphabetical order in section 4(1)--
accompaniment requirement--see section 28A.
[2] Section 22B Limitation regarding bail during period following conviction and before
sentencing for certain offences
Omit "the decision" from section 22B(1)(b).
Insert instead "a decision to grant bail or dispense with bail".
[3] Section 28A
Insert after section 28--
28A Bail condition can impose accompaniment requirements
(1) A bail condition imposed by a court or authorised justice on the grant of bail
can require that the accused person, when released on bail, be released into the
care or company of another specified person or class of persons.
(2) A requirement of a kind referred to in subsection (1) is an accompaniment
requirement.
[4] Section 29 Limitation on power to impose pre-release requirements
Insert after section 29(1)(d)--
(e) an accompaniment requirement.
[5] Section 29(4A)
Insert after section 29(4)--
(4A) An accompaniment requirement is complied with when the specified person,
or a person of the specified class of persons, is present at the place from which
the accused person is to be released on bail for the purpose of accompanying
the accused person away from the place.
Explanatory note
Item [2] clarifies that a court must refuse bail on a detention application unless it is established that
special or exceptional circumstances justify a decision to grant or dispense with bail.
Item [3] inserts a new provision into the Bail Act 2013 to enable a bail authority to impose a bail
condition that requires the accused person to only be released on bail into the care or company of a
specified person or class of persons. Item [1] makes a consequential amendment. Item [4] amends
the Bail Act 2013, section 29 to enable a bail authority to impose that type of condition as a pre-release
requirement on an accused person's bail. Item [5] amends the Bail Act 2013, section 29 to provide
that the pre-release condition is met when the specified person, or a person of the specified class, is
present at the place from which the accused person is to be released on bail.
Page 3
Justice Legislation Amendment (Miscellaneous) Bill 2023 [NSW]
Schedule 2 Amendment of Children's Guardian Act 2019 No 25
Schedule 2 Amendment of Children's Guardian Act 2019 No
25
[1] Section 121 Vacancy in office of Children's Guardian
Omit section 121(1)(a).
[2] Section 121(1)
Renumber paragraphs (b)-(d) as paragraphs (a)-(c).
[3] Schedule 4 Savings, transitional and other provisions
Insert after Part 4--
Part 5 Provision consequent on enactment of Justice
Legislation Amendment (Miscellaneous) Act 2023
22 Extension of amendment to age requirement for Children's Guardian
Section 121, as amended by the Justice Legislation Amendment
(Miscellaneous) Act 2023, extends to the person who held office as Children's
Guardian immediately before the commencement of the amendment.
Explanatory note
Item [1] removes the requirement for the Children's Guardian to be under 65 years of age. Item [2]
makes a consequential amendment. Item [3] extends the amendment in item [1] to the current
Children's Guardian.
Page 4
Justice Legislation Amendment (Miscellaneous) Bill 2023 [NSW]
Schedule 3 Amendment of Fines Act 1996 No 99
Schedule 3 Amendment of Fines Act 1996 No 99
Section 23B
Insert after section 23A--
23B Completion of certain activities may be treated as payment
(1) A person to whom a penalty notice is issued is taken to have paid the amount
specified in the penalty notice if the Commissioner is satisfied that--
(a) the person has completed an activity, and
(b) the activity is prescribed by the regulations as an activity that may be
completed instead of payment for an amount specified in a penalty
notice belonging to a particular class, and
(c) the penalty notice belongs to the class, and
(d) any additional requirements prescribed by the regulations are satisfied,
and
(e) a penalty notice enforcement order has not been made for the amount.
(2) The payment is taken to be--
(a) for the full amount specified in the penalty notice, and
(b) made in accordance with the penalty notice.
Explanatory note
The amendment provides that a person to whom a penalty notice is issued is taken to have paid the
amount specified in the penalty notice in full and in accordance with the penalty notice if the
Commissioner of Fines Administration is satisfied that--
(a) the person has completed an activity prescribed by the regulations for the class of penalty
notice, and
(b) other requirements, including requirements prescribed by the regulations, are met.
Page 5
Justice Legislation Amendment (Miscellaneous) Bill 2023 [NSW]
Schedule 4 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Schedule 4 Amendment of Law Enforcement (Powers and
Responsibilities) Act 2002 No 103
Section 60A Applications for warrants by email
Omit section 60A(9).
Explanatory note
The amendment omits the repeal provision from section 60A so applications for warrants may
continue to be made by email.
Page 6
Justice Legislation Amendment (Miscellaneous) Bill 2023 [NSW]
Schedule 5 Amendment of Terrorism (Police Powers) Act 2002 No 115
Schedule 5 Amendment of Terrorism (Police Powers) Act
2002 No 115
[1] Section 25D Other definitions
Insert in alphabetical order--
juvenile justice officer has the same meaning as in the Children (Detention
Centres) Act 1987.
[2] Section 26Y Effect of interim preventative detention order to be explained to person
detained
Insert "or the Ombudsman" after "Law Enforcement Conduct Commission" in section
26Y(2)(d).
[3] Section 26Y(2)(d)(ii)
Insert ", or a member of staff of Corrective Services NSW or a juvenile justice officer," after
"police officer".
[4] Section 26Z Effect of preventative detention order (other than interim order) to be
explained to person detained
Insert "or the Ombudsman" after "Law Enforcement Conduct Commission" in section
26Z(2)(d).
[5] Section 26Z(2)(d)(ii)
Insert ", or a member of staff of Corrective Services NSW or a juvenile justice officer," after
"police officer".
[6] Section 26ZF
Omit the section. Insert instead--
26ZF Contacting Law Enforcement Conduct Commission or Ombudsman
A person being detained is entitled to contact--
(a) if the person is being detained by a police officer, including at a police
station--the Law Enforcement Conduct Commission, or
(b) if the person is being detained at a correctional centre or detention
centre under an arrangement under section 26X--the Ombudsman.
[7] Section 26ZS Sunset provision
Omit "2023" wherever occurring in section 26ZS(1) and (2). Insert instead "2026".
Explanatory note
Item [6] provides that a person being detained at a correctional centre or detention centre under a
preventative detention order is entitled to contact the Ombudsman, in addition to the Law
Enforcement Conduct Commission. Items [1]-[5] make consequential amendments to require that a
police officer detaining a person under a preventative detention order or interim preventative
detention order must inform the person that the person has a right to complain to the Ombudsman.
Item [7] extends the operation of the Act, Part 2A for a further 3 years.
Page 7
Justice Legislation Amendment (Miscellaneous) Bill 2023 [NSW]
Schedule 6 Amendment of other legislation
Schedule 6 Amendment of other legislation
6.1 Children (Criminal Proceedings) Act 1987 No 55
Section 51 Regulations
Insert at the end of section 51(1)(b)--
, and
(c) the making of parole orders at the time of sentencing a person, including
conditions imposed on a parole order.
Explanatory note
The amendment amends the Children (Criminal Proceedings) Act 1987 to provide an express
regulation-making power for parole orders made at the time of sentencing a person.
6.2 Children (Criminal Proceedings) Regulation 2021
[1] Section 11, heading
Insert "--the Act, s 51(1)(c)" after "parole".
[2] Section 11
Omit "For the purposes of the Act, section 51(1), before". Insert instead "Before".
[3] Section 12, heading
Insert "--the Act, s 51(1)(c)" after "orders".
[4] Section 12(1)
Omit "For the purposes of the Act, section 51(1), a". Insert instead "A".
Explanatory note
Items [1]-[4] are consequential on the amendments to the Children (Criminal Proceedings) Act 1987.
6.3 Children (Detention Centres) Act 1987 No 57
[1] Section 3 Definitions
Insert in alphabetical order in section 3(1)--
complaints guidelines means guidelines issued by the Secretary under section
32AA(1).
[2] Section 32AA
Insert after section 32A--
32AA Complaints guidelines
(1) The Secretary may issue guidelines about--
(a) the procedures to be followed by persons dealing with complaints, and
(b) the procedures to be followed by persons dealing with applications for
the review of decisions on complaints.
(2) Copies of the complaints guidelines must be made available for inspection by
detainees and visitors at--
(a) each detention centre, and
(b) offices of the Department.
Page 8
Justice Legislation Amendment (Miscellaneous) Bill 2023 [NSW]
Schedule 6 Amendment of other legislation
Explanatory note
Items [1] and [2] insert a power in the Children (Detention Centres) Act 1987 for the Secretary of the
Department of Communities and Justice to issue guidelines about the procedures for dealing with
complaints and the procedures for dealing with applications for the review of decisions on complaints.
6.4 Children (Detention Centres) Regulation 2015
[1] Clause 3 Definitions
Omit clause 3(1), definition of complaints guidelines.
[2] Clause 57 Complaints guidelines
Omit the clause.
Explanatory note
Items [1] and [2] are consequential on the amendments to the Children (Detention Centres) Act 1987.
6.5 Civil Procedure Act 2005 No 28
[1] Section 4 Application of Parts 3-10
Omit "A regulation under this section may contain provisions consequent on the
amendment or substitution of Schedule 1, including" from section 4(4).
Insert instead "The regulations may contain the following".
[2] Part 2, Division 2, heading
Omit the heading. Insert instead--
Division 2 Miscellaneous
[3] Section 18 Fees
Omit section 18(1)(e)-(g). Insert instead--
(e) the fees payable in relation to the functions of the following persons,
whether under this Act or otherwise, including attempts to exercise the
functions--
(i) the Sheriff,
(ii) the Marshal in Admiralty in relation to civil proceedings in the
Admiralty List in the Equity Division of the Supreme Court,
(f) the fees payable for the following services, including attempts to
provide services, whether in connection with the administration of this
Act or otherwise--
(i) administrative services provided by a registrar or other officer of
the court,
(ii) other services provided in connection with civil proceedings,
(g) the payment of fees under this Act, including--
(i) the waiver, postponement or remission, in part or in whole, of the
fees, and
(ii) the persons to whom the fees are payable, and
(iii) the time at which the fees become due, and
(iv) the persons liable to pay the fees.
[4] Section 18(1A) and (1B)
Insert after section 18(1)--
Page 9
Justice Legislation Amendment (Miscellaneous) Bill 2023 [NSW]
Schedule 6 Amendment of other legislation
(1A) A regulation made under subsection (1)(g)(i) may authorise a registrar of a
court or the Sheriff to--
(a) waive, postpone or remit fees payable to the court or the Sheriff, as
relevant, and
(b) impose conditions on the waiver, postponement or remission of the fees.
(1B) A reference in subsection (1A) to a registrar is, in relation to the Supreme
Court, a reference to--
(a) the Principal Registrar of the Court, or
(b) another registrar of the Court nominated by the Principal Registrar.
[5] Section 18A
Insert after section 18--
18A Interest and dividends on money paid into court
(1) A registrar of a court must--
(a) deduct 2.5% from an amount received as interest or a dividend on funds
paid into court, including a fund constituted by the Supreme Court
under section 178 for the distribution of money to group members in
representative proceedings, and
(b) pay the deducted amount into the Consolidated Fund.
(2) A reference in subsection (1) to a registrar is, in relation to the Supreme Court,
a reference to--
(a) the Principal Registrar of the Court, or
(b) another registrar of the Court nominated by the Principal Registrar.
[6] Section 178 Constitution etc of fund
Insert after section 178(1)(c)--
Note-- The Principal Registrar of the Court, or another registrar of the Court nominated
by the Principal Registrar, must deduct 2.5% from an amount received as interest or a
dividend on the fund and pay the deducted amount into the Consolidated Fund--see
section 18A.
[7] Schedule 1 Application of Act
Omit "Civil Procedure Regulation 2012 excludes" from the note to the matter relating to
all civil proceedings for which the Local Court has jurisdiction under the Crimes (Domestic
and Personal Violence) Act 2007, section 91.
Insert instead "regulations exclude".
Explanatory note
Item [1] removes the requirement for a regulation excluding a class of civil proceedings from the
operation of all or any of the provisions of Parts 3-10 of the Act, or modifying the application of a
specified provision to a class of civil proceedings, to be consequential on the amendment of the Act,
Schedule 1. Item [7] makes a consequential amendment.
Item [3] inserts a power to make regulations in relation to fees payable for functions exercised by the
Marshal in Admiralty in relation to civil proceedings in the Admiralty List in the Equity Division of the
Supreme Court. The regulation-making power extends to the imposition of fees for each attempt to
exercise the Sheriff or Marshal in Admiralty's functions. Item [3] also extends the power to make
regulations in relation to fees for administrative services provided by a registrar or other officer of the
court to fees payable for other services provided in connection with civil proceedings. The regulations
may prescribe fees for attempts to provide these services. Item [3] also extends the power to make
regulations in relation to fees to include the making of regulations about the persons to whom the fees
are payable, the time at which the fees become due and the persons liable to pay the fees.
Page 10
Justice Legislation Amendment (Miscellaneous) Bill 2023 [NSW]
Schedule 6 Amendment of other legislation
Item [4] makes it clear that a regulation may authorise a registrar of a court or the Sheriff to waive,
postpone or remit fees payable to the court or the Sheriff, as relevant, and to impose conditions on
the waiver, postponement or remission of the fees. In relation to fees payable to the Supreme Court,
the regulations may only authorise the Principal Registrar of the Supreme Court, or another registrar
of the Court nominated by the Principal Registrar, to exercise these functions.
Item [5] transfers, from the regulations to the Act, a requirement for a registrar of a court to deduct
2.5% from an amount received as interest or a dividend on funds paid into court and pay the deducted
amount into the Consolidated Fund. The requirement also applies to an amount received as interest
on a fund constituted by the Supreme Court for the distribution of money to group members in a
representative proceeding. The Principal Registrar of the Supreme Court, or another registrar of the
Court nominated by the Principal Registrar, must carry out this function in relation to amounts
received as interest or a dividend on funds paid into that Court. Items [2] and [6] make consequential
amendments.
6.6 Civil Procedure Regulation 2017
Clause 14 Percentage of income from deposited funds payable to Consolidated Fund
Omit the clause.
Explanatory note
The amendment is consequential on the amendments to the Civil Procedure Act 2005.
6.7 Crimes (Forensic Procedures) Act 2000 No 59
[1] Section 3 Interpretation
Omit the definition of appropriately qualified from section 3(1). Insert instead--
appropriately qualified, in relation to a person carrying out a forensic
procedure--see section 4A.
[2] Section 4A
Insert after section 4--
4A Appropriately qualified persons
(1) A person is appropriately qualified to carry out a forensic procedure if--
(a) the person has suitable professional qualifications or experience to carry
out the forensic procedure, or
(b) the Commissioner of Police authorises the person in writing to carry out
the forensic procedure, or
(c) the person is qualified under the regulations to carry out the forensic
procedure.
(2) An authorisation under subsection (1)(b) may be given in relation to--
(a) a specified procedure or class of procedures, or
(b) a specified person or class of persons.
[3] Section 50 Persons who may carry out forensic procedures
Omit "section 3" from the note to the table. Insert instead "section 4A".
Explanatory note
Item [2] relocates a provision from the Crimes (Forensic Procedures) Regulation 2014 into the Crimes
(Forensic Procedures) Act 2000. The relocated provision clarifies that a person is appropriately
qualified to carry out a forensic procedure if the person has suitable professional qualifications or
experience to carry out the forensic procedure, if the Commissioner of Police has authorised the
person in writing to carry out the forensic procedure or if the person is qualified under the regulations
to carry out the forensic procedure. Items [1] and [3] make a consequential amendment.
Page 11
Justice Legislation Amendment (Miscellaneous) Bill 2023 [NSW]
Schedule 6 Amendment of other legislation
6.8 Crimes (Forensic Procedures) Regulation 2014
Clause 5 Appropriately qualified persons
Omit the clause.
Explanatory note
The amendment is consequential on the amendments to the Crimes (Forensic Procedures) Act 2000.
6.9 Crimes (High Risk Offenders) Act 2006 No 7
[1] Section 24AD Sub-committees of Assessment Committee
Omit section 24AD(1A).
[2] Section 24AD(1B)
Renumber section 24AD(1B) as section 24AD(3) and transfer it accordingly.
[3] Section 24AD(2)
Omit "The procedure". Insert instead "Subject to the regulations, the procedure".
[4] Section 24AD(4)-(7)
Insert at the end of the section--
(4) A sub-committee of the Assessment Committee is constituted to exercise
functions conferred or imposed on the Assessment Committee by or under the
Terrorism (High Risk Offenders) Act 2017 (the terrorism sub-committee).
(5) The membership of the terrorism sub-committee is to be in accordance with
the regulations.
(6) The functions conferred or imposed on the Assessment Committee by or under
the Terrorism (High Risk Offenders) Act 2017 may only be exercised by the
terrorism sub-committee.
(7) A reference to the Assessment Committee in this Act, other than this section
and section 24AB, or another Act includes a reference to the terrorism
sub-committee.
Explanatory note
Item [2] renumbers and transfers a provision.
Item [3] clarifies that, subject to the regulations, the procedure of a sub-committee is to be determined
by the Assessment Committee.
Item [4] establishes a sub-committee of the Assessment Committee to exercise functions conferred
by or under the Terrorism (High Risk Offenders) Act 2017. The proposed amendment also provides
that the membership of this sub-committee is to be in accordance with the regulations and makes
clear that a reference to the Assessment Committee in the Crimes (High Risk Offenders) Act 2006,
with one exception, or another Act includes the terrorism sub-committee. Item [1] makes a
consequential amendment.
6.10 Crimes (High Risk Offenders) Regulation 2018
[1] Section 4, heading
Omit the heading. Insert instead--
4 Membership of terrorism sub-committee--the Act, s 24AD
Page 12
Justice Legislation Amendment (Miscellaneous) Bill 2023 [NSW]
Schedule 6 Amendment of other legislation
[2] Section 4
Omit "The Assessment Committee is to be constituted by only the following members
when exercising a function that is conferred or imposed on the Assessment Committee by
or under the Terrorism (High Risk Offenders) Act 2017".
Insert instead "The terrorism sub-committee under the Act, section 24AD(4) consists of the
following members".
Explanatory note
Items [1] and [2] are consequential on amendments to the Crimes (High Risk Offenders) Act 2006.
6.11 Criminal Procedure Act 1986 No 209
[1] Section 4A Fees
Omit section 4A(1)(d). Insert instead--
(d) the payment of fees under this Act, including--
(i) the waiver, postponement or remission, in part or in whole, of the
fees, and
(ii) the persons to whom the fees are payable, and
(iii) the time at which the fees become due, and
(iv) the persons liable to pay the fees.
[2] Section 4A(1A) and (1B)
Insert after section 4A(1)--
(1A) A regulation made under subsection (1)(d)(i) may authorise a registrar of a
court or the Sheriff to--
(a) waive, postpone or remit fees payable to the court or the Sheriff, as
relevant, and
(b) impose conditions on the waiver, postponement or remission of the fees.
(1B) A reference in subsection (1A) to a registrar is, in relation to the Supreme
Court, a reference to--
(a) the Principal Registrar of the Court, or
(b) another registrar of the Court nominated by the Principal Registrar.
[3] Section 347 Declaration and regulation of intervention programs
Omit section 347(4). Insert instead--
(4) The operation of an intervention program may be limited to the following--
(a) a part of New South Wales specified by--
(i) the regulations, or
(ii) the Minister, by order published in the Gazette,
(b) a period of time specified by the regulations.
Explanatory note
Item [1] extends the power to make regulations in relation to fees to include the making of regulations
about the persons to whom the fees are payable, the time at which the fees become due and the
persons liable to pay the fees.
Item [2] makes it clear that a regulation may authorise a registrar of a court or the Sheriff to waive,
postpone or remit fees payable to the court or the Sheriff, as relevant, and to impose conditions on
the waiver, postponement or remittance of the fees. In relation to fees payable to the Supreme Court,
the regulations may only authorise the Principal Registrar of the Supreme Court, or another registrar
of the Court nominated by the Principal Registrar, to exercise these functions.
Page 13
Justice Legislation Amendment (Miscellaneous) Bill 2023 [NSW]
Schedule 6 Amendment of other legislation
Item [3] transfers, from the regulations to the Act, a power of the Minister to limit the operation of an
intervention program to a specified part of the State.
6.12 Criminal Procedure Regulation 2017
[1] Clauses 32, definitions of "Aboriginal Community Justice Group" and "Program
Officer", 33(1), 34(1)(b), 35, 36(1), 37(1)(b), 38(1), 40(1)(c), 41(b), 42(1), 51, 52(2) and
55(1)
Omit "declared place" wherever occurring. Insert instead "specified place".
[2] Clause 32 Definitions
Insert in alphabetical order--
specified place means--
(a) a place specified in clause 33(2), or
(b) a place specified by the Minister by order published in the Gazette.
[3] Clause 33 Application
Omit clause 32(2) and (3). Insert instead--
(2) For the Act, section 347(4)(a)(i), Armidale, Bourke, Brewarrina, Dubbo,
Kempsey, Lismore, Mount Druitt, Nambucca, Nowra and Walgett are
specified.
[4] Clause 120
Insert after clause 119C--
120 Savings provision--Ministerial declarations about application of circle
sentencing program
A declaration made under clause 33(2)(b) that was in force immediately before
the commencement of the Justice Legislation Amendment (Miscellaneous) Act
2023 is taken to be an order made under the Act, section 347(4)(a)(ii).
Explanatory note
Items [1]-[3] are consequential on the amendments to the Criminal Procedure Act 1986. Item [4]
makes an amendment of a savings nature.
6.13 Dormant Funds Act 1942 No 25
Section 19 Regulations
Insert after section 19(1)--
(2) Without limiting subsection (1), the regulations may provide for the fees and
charges that may be imposed for the Act, including--
(a) the amount, or the calculation of the amount, of a fee payable to the
Commissioner for the formulation of a proposal for a dormant fund to
be paid out of the fund, and
(b) the reduction or waiver of a fee or charge by the Minister.
Explanatory note
The amendment inserts a power into the Dormant Funds Act 1942 to make regulations about the fees
and charges that may be imposed for the Act.
Page 14
Justice Legislation Amendment (Miscellaneous) Bill 2023 [NSW]
Schedule 6 Amendment of other legislation
6.14 Drug Misuse and Trafficking Act 1985 No 226
Section 45 Regulations
Omit section 45(2). Insert instead--
(1A) The regulations may exempt a person or class of persons from a provision of
this Act or the regulations.
(2) A regulation made under subsection (1A) may apply as follows--
(a) to specified prohibited plants, prohibited drugs or psychoactive
substances,
(b) in relation to a needle exchange program approved from time to time by
the Secretary of the Ministry of Health for the regulation (an approved
needle exchange program),
(c) to a person or class of persons involved in an approved needle exchange
program who are approved from time to time by the Secretary of the
Ministry of Health for the regulation.
Explanatory note
The amendment updates the regulation-making power in relation to exemptions from the Drug Misuse
and Trafficking Act 1985. The amendment enables the Secretary of the Ministry of Health to approve
needle exchange programs and persons involved in the programs for the purposes of exemptions
made by the regulations.
6.15 NSW Trustee and Guardian Act 2009 No 49
[1] Section 111 Fees
Omit section 111(2). Insert instead--
(2) The amount of a fee may be--
(a) prescribed by the regulations, or
(b) determined by the NSW Trustee in accordance with the regulations.
[2] Section 128 Regulations
Insert after section 128(2)(c)--
(d) fees payable under this Act, including the determination by the NSW
Trustee of the amount of the fees payable.
Explanatory note
Item [1] allows the NSW Trustee and Guardian to determine the fees payable in relation to the NSW
Trustee and Guardian's functions, in addition to allowing the fees to be prescribed by the regulations.
Item [2] makes a consequential amendment.
6.16 Terrorism (High Risk Offenders) Act 2017 No 68
[1] Section 57 Definitions
Omit the definition of offender information. Insert instead--
offender information means--
(a) any document, report or other information from which the behaviour,
beliefs, financial circumstances, or physical or mental condition of an
eligible offender may be inferred, or
(b) terrorism intelligence about the offender.
[2] Section 59B Appointment and role of independent third parties
Insert after section 59B(2)--
Page 15
Justice Legislation Amendment (Miscellaneous) Bill 2023 [NSW]
Schedule 6 Amendment of other legislation
(2A) The regulations under subsection (2) may provide that a person is a qualified
person only if the person meets the prescribed requirements to the satisfaction
of the Supreme Court.
[3] Section 59B(5)
Insert after section 59B(4)--
(5) The regulations may make provisions about the duties of independent third
parties.
Explanatory note
Item [1] clarifies that certain documents from which certain information of an eligible offender may be
inferred are offender information for the purposes of the Terrorism (High Risk Offenders) Act 2017,
Part 5.
Items [2] and [3] enable the regulations to make certain provisions about the appointment and role of
independent third parties.
Page 16
[Index] [Search] [Download] [Related Items] [Help]