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FACT SHEET
Justice Legislation Miscellaneous Amendments Bill 2019
This Bill makes non-controversial amendments to three Acts. The amendments arise from
requests from various stakeholders to clarify or improve the operation of the legislation.
The Bill amends –
a) Section 401 of the Criminal Code Act 1924 to widen the definition of ‘sentence’ to
enable an order deferring the sentencing of a person to be appealable by the Crown;
b) Section 4 of the Criminal Law (Detention and Interrogation) Act 1995 to specify that the
requirement under section 4, for a person taken into custody to be brought before a
justice or magistrate, does not apply to a person arrested under a Supreme Court
warrant issued by a judge;
c) Section 44 of the Sentencing Act 1997 to provide a default period of 28 days within
which fines are to be paid, in the event that a court does not specify a payment
deadline in an order; and
d) Section 42AL of the Sentencing Act 1997 to:
i. Provide a single justice with the power to remand or bail a person subject to a
home detention order made by a magistrate, if the person has been arrested;
and
ii. Clarify the arrest provision in relation to a person who is subject to a home
detention order.
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