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TASMANIA
__________
JUSTICE AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2018
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - SENTENCING AMENDMENT (PHASING OUT OF
SUSPENDED SENTENCES) ACT 2017 AMENDED
3. Principal Act
4. Section 14 amended (Part 5A inserted)
PART 3 - SENTENCING ACT 1997 AMENDED
5. Principal Act
6. Section 27M amended (Contravention of order)
7. Section 82 amended (Court may order pre-sentence report)
PART 4 - ACTS INTERPRETATION ACT 1931 AMENDED
8. Principal Act
9. Section 8B amended (Use of extrinsic material in interpretation)
10. Section 30 amended (Effecting service by post)
PART 5 - BAIL ACT 1994 AMENDED
11. Principal Act
12. Section 5 amended (Police bail)
[Bill 35]-II
13. Section 23 amended (Application for bail or variation of
conditions)
PART 6 - CLASSIFICATION (PUBLICATIONS, FILMS AND
COMPUTER GAMES) ENFORCEMENT ACT 1995
AMENDED
14. Principal Act
15. Section 77 amended (Forfeiture of child exploitation material,
&c.)
PART 7 - CORONERS ACT 1995 AMENDED
16. Principal Act
17. Section 69 amended (Annual report)
PART 8 - COURT SECURITY ACT 2017 AMENDED
18. Principal Act
19. Section 18A inserted
18A. Taking into custody
PART 9 - CRIMINAL CODE ACT 1924 AMENDED
20. Principal Act
21. Schedule 1 amended (Criminal Code)
PART 10 - CRIMINAL LAW (DETENTION AND INTERROGATION)
ACT 1995 AMENDED
22. Principal Act
23. Section 4 amended (Detention of person in custody)
24. Section 6 amended (Right to communicate with friend, relative
and legal practitioner)
PART 11 - CRIMINAL PROCEDURE (ATTENDANCE OF
WITNESSES) ACT 1996 AMENDED
25. Principal Act
26. Section 3 amended (Interpretation)
27. Section 5 amended (Preliminary notice to witness)
28. Section 10 amended (Issue of final notice)
29. Section 12 amended (Recognisance to secure attendance of
witness)
2
30. Section 13 amended (Issue of warrant for arrest of intended
witness)
PART 12 - EVIDENCE ACT 2001 AMENDED
31. Principal Act
32. Section 160 amended (Postal articles)
PART 13 - FORENSIC PROCEDURES ACT 2000 AMENDED
33. Principal Act
34. Section 3 amended (Interpretation)
PART 14 - GUARDIANSHIP AND ADMINISTRATION ACT 1995
AMENDED
35. Principal Act
36. Section 90 amended (Regulations)
PART 15 - LONG SERVICE LEAVE ACT 1976 AMENDED
37. Principal Act
38. Section 13 amended (Settlement of disputes)
PART 16 - OATHS ACT 2001 AMENDED
39. Principal Act
40. Schedule 1 amended (Forms)
PART 17 - REGISTRATION TO WORK WITH VULNERABLE
PEOPLE ACT 2013 AMENDED
41. Principal Act
42. Section 15 amended (Person required to be registered to engage
in regulated activity)
43. Section 16A amended (Offence for registered person in
volunteer class to engage in regulated activity for financial or
other material benefit or reward)
44. Section 17A amended (Offence for employer to engage person
registered in class of volunteer in regulated activity for person's
financial or other material benefit or reward)
45. Section 33 amended (Registration)
46. Section 41A amended (Amendment of class of registration)
3
PART 18 - TRUSTEE COMPANIES ACT 1953 AMENDED
47. Principal Act
48. Section 10A amended (Election to administer small estates
without grant of probate, &c.)
PART 19 - WATER MANAGEMENT ACT 1999 AMENDED
49. Principal Act
50. Section 3 amended (Interpretation)
51. Section 100 amended (Withdrawal of application)
PART 20 - LEGISLATION REPEALED
52. Legislation repealed
PART 21 - MISCELLANEOUS
53. Repeal of Act
SCHEDULE 1 - LEGISLATION REPEALED
4
JUSTICE AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2018
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
27 September 2018
(Brought in by the Minister for Justice, the Honourable Elise
Nicole Archer)
A BILL FOR
An Act to amend the Acts Interpretation Act 1931, the Bail
Act 1994, the Classification (Publications, Films and
Computer Games) Enforcement Act 1995, the Coroners Act
1995, the Court Security Act 2017, the Criminal Code Act
1924, the Criminal Law (Detention and Interrogation) Act
1995, the Criminal Procedure (Attendance of Witnesses) Act
1996, the Evidence Act 2001, the Forensic Procedures Act
2000, the Guardianship and Administration Act 1995, the
Long Service Leave Act 1976, the Oaths Act 2001, the
Registration to Work with Vulnerable People Act 2013, the
Sentencing Act 1997, the Sentencing Amendment (Phasing
Out of Suspended Sentences) Act 2017, the Trustee
Companies Act 1953 and the Water Management Act 1999
and to repeal the Long Service Leave (Casual Wharf
Employees) Act 1982
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:
[Bill 35] 5
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
s. 1 Part 1 - Preliminary
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Justice and Related
Legislation (Miscellaneous Amendments) Act
2018.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
6
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
Part 2 - Sentencing Amendment (Phasing Out of Suspended Sentences) Act s. 3
2017 amended
PART 2 - SENTENCING AMENDMENT (PHASING
OUT OF SUSPENDED SENTENCES) ACT 2017
AMENDED
3. Principal Act
In this Part, the Sentencing Amendment (Phasing
Out of Suspended Sentences) Act 2017* is
referred to as the Principal Act.
4. Section 14 amended (Part 5A inserted)
Section 14 of the Principal Act is amended as
follows:
(a) by inserting after subsection (2) of new
section 42AH the following subsection:
(2A) Despite subsection (2) and if -
(a) the applicant and all
appropriate persons
referred to in paragraph
(a), (b) or (c) of that
subsection consent to it;
or
(b) the court considers it
appropriate to do so in the
circumstances -
_______________________________________________________________
*No. 51 of 2017
7
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
s. 4 Part 2 - Sentencing Amendment (Phasing Out of Suspended Sentences) Act
2017 amended
the court to which the application
is made may hear and determine
the application at any time before
the expiration of the 7-day period
following service as required by
that subsection or without such
service having been effected.
(b) by inserting after subsection (2) of new
section 42AI the following subsection:
(2A) Despite subsection (2) and if -
(a) the applicant and offender
have consented to it, in
writing; or
(b) the court considers it
appropriate to do so in the
circumstances -
the court to which the application
is made may hear and determine
the application at any time before
the expiration of the 7-day period
following service as required by
that subsection or without such
service having been effected.
8
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
Part 3 - Sentencing Act 1997 Amended s. 5
PART 3 - SENTENCING ACT 1997 AMENDED
5. Principal Act
In this Part, the Sentencing Act 1997* is referred
to as the Principal Act.
6. Section 27M amended (Contravention of order)
Section 27M of the Principal Act is amended by
inserting after subsection (7) the following
subsection:
(8) Section 36A applies, with such
adaptation and modification as necessary,
to an offender performing community
work as required by an order made under
subsection (1)(c) as if that order were a
community service order.
7. Section 82 amended (Court may order pre-sentence
report)
Section 82 of the Principal Act is amended by
inserting after subsection (1) the following
subsections:
(1A) If an offender pleads guilty to an
indictable offence before a court of
summary jurisdiction, the court, on
committing the offender to the Supreme
Court for sentencing, may order a pre-
_______________________________________________________________
*No. 59 of 1997
9
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
s. 7 Part 3 - Sentencing Act 1997 Amended
sentence report to be prepared for
consideration by the Supreme Court.
(1B) On ordering a pre-sentence report, the
court may require the report to be
prepared by such person, body or
organisation, or a person, body or
organisation of a class, that the court
considers appropriate.
10
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
Part 4 - Acts Interpretation Act 1931 Amended s. 8
PART 4 - ACTS INTERPRETATION ACT 1931
AMENDED
8. Principal Act
In this Part, the Acts Interpretation Act 1931* is
referred to as the Principal Act.
9. Section 8B amended (Use of extrinsic material in
interpretation)
Paragraph (e) of the definition of extrinsic
material in section 8B(3) of the Principal Act is
amended as follows:
(a) by omitting "note" and substituting
"note, clause note";
(b) by inserting "or otherwise made
available" after "given".
10. Section 30 amended (Effecting service by post)
Section 30 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"addressing, prepaying," and substituting
"addressing";
(b) by omitting from subsection (1) "letter,"
and substituting "letter and paying for
_______________________________________________________________
*No. 59 of 1931
11
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
s. 10 Part 4 - Acts Interpretation Act 1931 Amended
that postage (whether before or after the
letter is posted)";
(c) by omitting from subsection (2)
"addressing, prepaying," and substituting
"addressing";
(d) by omitting from subsection (2) "letter -"
and substituting "letter and paying for
that postage (whether before or after the
letter is posted) -".
12
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
Part 5 - Bail Act 1994 Amended s. 11
PART 5 - BAIL ACT 1994 AMENDED
11. Principal Act
In this Part, the Bail Act 1994* is referred to as
the Principal Act.
12. Section 5 amended (Police bail)
Section 5 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "section
4 (3) of the Criminal Law (Detention and
Interrogation) Act 1995," and
substituting "section 4(3), (5) or (6) of
the Criminal Law (Detention and
Interrogation) Act 1995,";
(b) by omitting from subsection (2) "section
4 (3) of the Criminal Law (Detention and
Interrogation) Act 1995 -" and
substituting "section 4(3), (5) or (6) of
the Criminal Law (Detention and
Interrogation) Act 1995 -".
13. Section 23 amended (Application for bail or
variation of conditions)
Section 23(3) of the Principal Act is amended by
omitting "section 4 (3) of the Criminal Law
(Detention and Interrogation) Act 1995" and
_______________________________________________________________
*No. 9 of 1994
13
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
s. 13 Part 5 - Bail Act 1994 Amended
substituting "section 4(3), (5) or (6) of the
Criminal Law (Detention and Interrogation) Act
1995".
14
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
Part 6 - Classification (Publications, Films and Computer Games) s. 14
Enforcement Act 1995 Amended
PART 6 - CLASSIFICATION (PUBLICATIONS, FILMS
AND COMPUTER GAMES) ENFORCEMENT ACT 1995
AMENDED
14. Principal Act
In this Part, the Classification (Publications,
Films and Computer Games) Enforcement Act
1995* is referred to as the Principal Act.
15. Section 77 amended (Forfeiture of child exploitation
material, &c.)
Section 77 of the Principal Act is amended as
follows:
(a) by inserting in subsection (2) "or any
electronic medium on which the material,
or data from which the material may be
composed, is stored, or both the material
and any such electronic medium," after
"the material";
(b) by omitting from subsection (7)
"material or" twice occurring and
substituting "material, electronic medium
or other".
_______________________________________________________________
*No. 105 of 1995
15
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
s. 16 Part 7 - Coroners Act 1995 Amended
PART 7 - CORONERS ACT 1995 AMENDED
16. Principal Act
In this Part, the Coroners Act 1995* is referred
to as the Principal Act.
17. Section 69 amended (Annual report)
Section 69 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Attorney-General" and substituting
"Minister";
(b) by omitting from subsection (3)
"Attorney-General" and substituting
"Minister".
_______________________________________________________________
*No. 73 of 1995
16
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
Part 8 - Court Security Act 2017 Amended s. 18
PART 8 - COURT SECURITY ACT 2017 AMENDED
18. Principal Act
In this Part, the Court Security Act 2017* is
referred to as the Principal Act.
19. Section 18A inserted
After section 18 of the Principal Act, the
following section is inserted in Part 4:
18A. Taking into custody
If a court -
(a) makes an order that remands a
person in custody; or
(b) makes an order that requires a
person to be held or detained in
custody or otherwise authorises
such holding or detention of a
person; or
(c) sentences a person to a term of
imprisonment or detention; or
(d) declares a person to be a
dangerous criminal under section
19 of the Sentencing Act 1997 -
_______________________________________________________________
*No. 34 of 2017
17
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
s. 19 Part 8 - Court Security Act 2017 Amended
a security officer, subject to an order or
direction of the court to the contrary,
may take the person into custody.
18
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
Part 9 - Criminal Code Act 1924 Amended s. 20
PART 9 - CRIMINAL CODE ACT 1924 AMENDED
20. Principal Act
In this Part, the Criminal Code Act 1924* is
referred to as the Principal Act.
21. Schedule 1 amended (Criminal Code)
Schedule 1 to the Principal Act is amended as
follows:
(a) by inserting in section 130F(2) "or any
electronic medium on which the material,
or data from which the material may be
composed, is stored, or both the material
and any such electronic medium," after
"the material";
(b) by omitting from section 130F(7)
"material or" twice occurring and
substituting "material, electronic medium
or other";
(c) by omitting from section 301(5)(a) "that
person" and substituting "the arrested
person";
(d) by omitting from section 301(5)(a) "an
officer in charge of a police station;" and
substituting "a custody officer;";
_______________________________________________________________
*No. 69 of 1924
19
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
s. 21 Part 9 - Criminal Code Act 1924 Amended
(e) by omitting paragraph (b) from section
301(5) and substituting the following
paragraph:
(b) produce or cause to be produced,
or provide or cause to be
provided, to the arrested person
the warrant or a certified copy of
it.
(f) by omitting subsection (6) from section
301 and substituting the following
subsection:
(6) If an arrested person is delivered
into the custody of a custody
officer under subsection (5), it is
lawful for the custody officer to
detain the arrested person until
the warrant or a certified copy of
the warrant is produced or
otherwise provided to the arrested
person.
(g) by omitting from section 301(7)
"facsimile" and substituting "copy";
(h) by omitting from section 301(7)
"produced" and substituting "produced or
otherwise provided";
(i) by omitting from section 301(7) "person
taken into custody." and substituting
"arrested person.";
20
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
Part 9 - Criminal Code Act 1924 Amended s. 21
(j) by omitting subsection (8) from section
301;
(k) by omitting from section 301(9)
"facsimile" first occurring and
substituting "copy";
(l) by omitting from section 301(9)
"facsimile is sent by the facsimile
machine." and substituting "copy is
produced or otherwise provided.";
(m) by inserting the following subsections
after subsection (9) in section 301:
(10) If a certified copy of a warrant is
sent or otherwise provided to an
arrested person by facsimile
machine, email or any other
means of electronic
communication, within the
meaning of the Electronic
Transactions Act 2000, the copy
of the certified copy received by
the arrested person (the received
copy), and any paper copy of the
received copy which is printed
directly or indirectly from the
machine that received the
received copy, is taken to be a
certified copy of the warrant.
(11) In this section -
21
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
s. 21 Part 9 - Criminal Code Act 1924 Amended
arrested person means a
person arrested under
subsection (4);
certified copy, in relation to a
warrant, is a true copy of
the warrant that contains a
statement -
(a) to the effect that
the person sending
or otherwise
providing the copy
has seen the
original warrant
and that the copy
is a true copy of
that warrant; and
(b) that is signed by
that person;
custody officer means a police
officer appointed as a
custody officer under
section 14(1) of the
Criminal Law (Detention
and Interrogation) Act
1995.
(n) by omitting section 408;
(o) by inserting the following paragraph after
paragraph (e) in section 418(1):
22
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
Part 9 - Criminal Code Act 1924 Amended s. 21
(ea) The power to make an order
under section 409(1)(a) or (b);
(p) by inserting the following paragraph after
paragraph (d) in section 418A(1):
(da) the power to make an order under
section 409(1)(a) or (b);
23
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
s. 22 Part 10 - Criminal Law (Detention and Interrogation) Act 1995 Amended
PART 10 - CRIMINAL LAW (DETENTION AND
INTERROGATION) ACT 1995 AMENDED
22. Principal Act
In this Part, the Criminal Law (Detention and
Interrogation) Act 1995* is referred to as the
Principal Act.
23. Section 4 amended (Detention of person in custody)
Section 4 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or
subsection (5)" after "subsection (3)";
(b) by inserting the following paragraph after
paragraph (a) in subsection (2):
(ab) if the police officer believes on
reasonable grounds that the
person -
(i) is under the influence of
alcohol, another drug or a
combination of drugs (in
this section referred to as
being intoxicated); and
(ii) is behaving in a manner
likely to cause injury to
himself, herself or another
_______________________________________________________________
*No. 72 of 1995
24
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
Part 10 - Criminal Law (Detention and Interrogation) Act 1995 Amended s. 23
person or cause damage to
any property, or is
incapable of protecting
himself or herself from
physical harm -
until the person may be released
under subsection (5); and
(c) by inserting the following subsections
after subsection (4):
(5) A person referred to in
subsection (2)(ab) may be
admitted to bail by a person
mentioned in section 34 of the
Justices Act 1959 if he or she
believes on reasonable grounds
that the person -
(a) is no longer intoxicated;
or
(b) although still intoxicated,
can safely be released into
the care of a person who
is capable of taking
adequate care of him or
her; or
(c) although still intoxicated,
can safely be released into
the care of a hospital or a
charitable institution, or
other facility, capable of
25
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
s. 23 Part 10 - Criminal Law (Detention and Interrogation) Act 1995 Amended
caring for an intoxicated
person; or
(d) although still
intoxicated -
(i) is not likely to
cause injury to
himself, herself or
another person;
and
(ii) is not likely to
damage property;
and
(iii) is capable of
protecting himself
or herself from
physical harm.
(6) A person referred to in
subsection (2)(ab) who is being
detained only because a police
officer believes on reasonable
grounds that the person may not
be released under subsection (5)
must be admitted to bail by a
person mentioned in section 34 of
the Justices Act 1959 on being in
custody for a period of 8 hours or
such extended period as may be
determined under subsection (7).
(7) If -
26
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
Part 10 - Criminal Law (Detention and Interrogation) Act 1995 Amended s. 24
(a) the 8-hour period referred
to in subsection (6) is
close to expiration; and
(b) a commissioned police
officer believes on
reasonable grounds that,
at the expiration of that
period, the conditions for
release of the person set
out under subsection (5)
will not be met -
the person may be detained for
such further period, not
exceeding 4 hours, as the
commissioned police officer
determines necessary to enable
the person to meet the conditions
for release specified in
subsection (5).
24. Section 6 amended (Right to communicate with
friend, relative and legal practitioner)
Section 6(4) of the Principal Act is amended by
omitting "subsection (3)," and substituting
"subsection (3) or such further period as a
magistrate has granted under subsection (6),".
27
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
s. 25 Part 11 - Criminal Procedure (Attendance of Witnesses) Act 1996 Amended
PART 11 - CRIMINAL PROCEDURE (ATTENDANCE
OF WITNESSES) ACT 1996 AMENDED
25. Principal Act
In this Part, the Criminal Procedure (Attendance
of Witnesses) Act 1996* is referred to as the
Principal Act.
26. Section 3 amended (Interpretation)
The definition of criminal proceeding in section
3 of the Principal Act is amended as follows:
(a) by omitting from paragraph (b) "section
357, 380 or 409" and substituting
"section 357 or 409";
(b) by inserting the following paragraph after
paragraph (c):
(ca) an application to a single judge or
an associate judge made under a
provision of the Criminal Code
Act 1924; and
(c) by omitting from paragraph (d) "Court;"
and substituting "Court -";
(d) by inserting the following definition text
after paragraph (d):
_______________________________________________________________
*No. 13 of 1996
28
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
Part 11 - Criminal Procedure (Attendance of Witnesses) Act 1996 Amended s. 27
"but does not include an appeal or
application to the Court of
Criminal Appeal;"
27. Section 5 amended (Preliminary notice to witness)
Section 5 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"prosecutor or the accused person," and
substituting "prosecutor, an accused
person, an applicant, a respondent to an
application or any other person who is a
party to a criminal proceeding,";
(b) by omitting from subsection (2)
"prosecutor or the accused person." and
substituting "person who applied for the
preliminary notice.";
(c) by omitting from subsection (3)
"prosecutor or the accused person" and
substituting "person who applied for the
notice".
28. Section 10 amended (Issue of final notice)
Section 10 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"prosecutor or the accused person" and
substituting "prosecutor, an accused
person, an applicant, a respondent to an
29
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
s. 29 Part 11 - Criminal Procedure (Attendance of Witnesses) Act 1996 Amended
application or any other person who is a
party to a criminal proceeding,";
(b) by omitting from subsection (2) "by the
prosecutor or the accused person" and
substituting "by, or at the behest of, the
person who applied for it".
29. Section 12 amended (Recognisance to secure
attendance of witness)
Section 12(1) of the Principal Act is amended by
omitting "prosecutor or the accused person," and
substituting "prosecutor, an accused person, an
applicant, a respondent to an application or any
other person who is a party to a criminal
proceeding,".
30. Section 13 amended (Issue of warrant for arrest of
intended witness)
Section 13 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) If, on application by the
prosecutor, an accused person, an
applicant, a respondent to an
application or any other person
who is a party to a criminal
proceeding, it appears to a judge
that there are reasonable grounds
30
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
Part 11 - Criminal Procedure (Attendance of Witnesses) Act 1996 Amended s. 30
for believing that an intended
witness has failed, or is likely to
fail, to attend in the criminal
proceeding to give evidence as
required by a preliminary notice
or a final notice, the judge may
issue a warrant for the arrest of
that intended witness, whether or
not that intended witness has
previously entered into a
recognisance under section 12.
(b) by inserting the following subsections
after subsection (2):
(3) When issuing a warrant to arrest
an intended witness under
subsection (1), the judge may
also -
(a) require that the intended
witness be held in custody
until such time as he or
she appears to give
evidence, or produce
documents, articles or
things in his or her
possession or custody, in
the relevant criminal
proceeding; or
(b) set such terms for a
recognisance as the judge
thinks fit in order to
secure the attendance of
31
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
s. 30 Part 11 - Criminal Procedure (Attendance of Witnesses) Act 1996 Amended
the intended witness, or
the production of
documents, articles or
things in his or her
possession or custody, in
the relevant criminal
proceeding and order that
the intended witness be
released on entering into
such a recognisance.
(4) If on being arrested under a
warrant issued under
subsection (1)(a) the intended
witness enters into a recognisance
in such terms as the judge has set
under subsection (3), the intended
witness may be released but, if
the witness refuses to enter into
such a recognisance, the witness
may be held in custody until such
time as he or she appears to give
evidence, or produce documents,
articles or things in his or her
possession or custody, in the
relevant criminal proceeding.
32
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
Part 12 - Evidence Act 2001 Amended s. 31
PART 12 - EVIDENCE ACT 2001 AMENDED
31. Principal Act
In this Part, the Evidence Act 2001* is referred to
as the Principal Act.
32. Section 160 amended (Postal articles)
Section 160(1) of the Principal Act is amended
by omitting "in accordance with the
requirements of the Australian Postal
Corporation (Performance Standards)
Regulations 1998 of the Commonwealth." and
substituting "on the seventh working day after
having been posted.".
_______________________________________________________________
*No. 76 of 2001
33
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
s. 33 Part 13 - Forensic Procedures Act 2000 Amended
PART 13 - FORENSIC PROCEDURES ACT 2000
AMENDED
33. Principal Act
In this Part, the Forensic Procedures Act 2000*
is referred to as the Principal Act.
34. Section 3 amended (Interpretation)
The definition of serious offence in section 3(1)
of the Principal Act is amended as follows:
(a) by inserting in paragraph (c) "or" after
"27 of the Misuse of Drugs Act 2001;";
(b) by inserting the following paragraph after
paragraph (c):
(d) against section 11A(1) or (2A) of
the Police Powers (Vehicle
Interception) Act 2000;
_______________________________________________________________
*No. 101 of 2000
34
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
Part 14 - Guardianship and Administration Act 1995 Amended s. 35
PART 14 - GUARDIANSHIP AND ADMINISTRATION
ACT 1995 AMENDED
35. Principal Act
In this Part, the Guardianship and
Administration Act 1995* is referred to as the
Principal Act.
36. Section 90 amended (Regulations)
Section 90(2) of the Principal Act is amended by
inserting after paragraph (a) the following
paragraph:
(ab) the waiving, and refunding, of any such
fee or part of any such fee; and
_______________________________________________________________
*No. 44 of 1995
35
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
s. 37 Part 15 - Long Service Leave Act 1976 Amended
PART 15 - LONG SERVICE LEAVE ACT 1976
AMENDED
37. Principal Act
In this Part, the Long Service Leave Act 1976* is
referred to as the Principal Act.
38. Section 13 amended (Settlement of disputes)
Section 13 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsections:
(1) If a dispute -
(a) as to whether or when -
(i) an employee is or
has become
entitled to long
service leave or
payment in lieu of
such leave; or
(ii) a deceased
employee's
personal
representative is
or has become
entitled to
_______________________________________________________________
*No. 95 of 1976
36
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
Part 15 - Long Service Leave Act 1976 Amended s. 38
payment in lieu of
the employee's
long service leave;
or
(b) with respect to the rate of
ordinary pay of an
employee for the purposes
of this Act -
occurs, the employer, employee
or personal representative, at his
or her discretion, may refer the
matter to the Secretary for
investigation or apply, under
section 29 of the Industrial
Relations Act 1984, to the
President of the Commission for
a hearing by the Commission.
(1A) On receipt of a referral under
subsection (1), the Secretary is to
investigate the circumstances of
the dispute and submit a report of
his or her findings to the
President of the Commission.
(b) by omitting from subsection (2) "in" and
substituting "the Secretary under".
37
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
s. 39 Part 16 - Oaths Act 2001 Amended
PART 16 - OATHS ACT 2001 AMENDED
39. Principal Act
In this Part, the Oaths Act 2001* is referred to as
the Principal Act.
40. Schedule 1 amended (Forms)
Schedule 1 to the Principal Act is amended by
omitting Form 1 and substituting the following
form:
FORM 1 - STATUTORY DECLARATION
_______________________________________________________________
*No. 77 of 2001
38
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
Part 17 - Registration to Work with Vulnerable People Act 2013 Amended s. 41
PART 17 - REGISTRATION TO WORK WITH
VULNERABLE PEOPLE ACT 2013 AMENDED
41. Principal Act
In this Part, the Registration to Work with
Vulnerable People Act 2013* is referred to as the
Principal Act.
42. Section 15 amended (Person required to be
registered to engage in regulated activity)
Section 15(3)(c)(ii) of the Principal Act is
amended by omitting "registered" third
occurring and substituting "regulated".
43. Section 16A amended (Offence for registered
person in volunteer class to engage in regulated
activity for financial or other material benefit or
reward)
Section 16A(2)(a) of the Principal Act is
amended by omitting "registered" second
occurring and substituting "regulated".
_______________________________________________________________
*No. 65 of 2013
39
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
s. 44 Part 17 - Registration to Work with Vulnerable People Act 2013 Amended
44. Section 17A amended (Offence for employer to
engage person registered in class of volunteer in
regulated activity for person's financial or other
material benefit or reward)
Section 17A(2)(a) of the Principal Act is
amended by omitting "registered" second
occurring and substituting "regulated".
45. Section 33 amended (Registration)
Section 33 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(a)(ii)
"employment/volunteer" and substituting
"employee/volunteer";
(b) by omitting from subsection (2A)
"employment/volunteer" and substituting
"employee/volunteer".
46. Section 41A amended (Amendment of class of
registration)
Section 41A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"employment/volunteer." and
substituting "employee/volunteer.";
(b) by omitting from subsection (5)(a)
"employment/volunteer;" and
substituting "employee/volunteer;";
40
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
Part 17 - Registration to Work with Vulnerable People Act 2013 Amended s. 46
(c) by omitting from subsection (6)(b)
"employment/volunteer." and
substituting "employee/volunteer.".
41
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
s. 47 Part 18 - Trustee Companies Act 1953 Amended
PART 18 - TRUSTEE COMPANIES ACT 1953
AMENDED
47. Principal Act
In this Part, the Trustee Companies Act 1953* is
referred to as the Principal Act.
48. Section 10A amended (Election to administer small
estates without grant of probate, &c.)
Section 10A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(c)
"amount or, if another amount is
prescribed by the regulations, that other";
(b) by omitting from subsection (6)(a)
"amount or, if another amount is
prescribed by the regulations, that other".
_______________________________________________________________
*No. 72 of 1953
42
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
Part 19 - Water Management Act 1999 Amended s. 49
PART 19 - WATER MANAGEMENT ACT 1999
AMENDED
49. Principal Act
In this Part, the Water Management Act 1999* is
referred to as the Principal Act.
50. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
inserting after paragraph (d) in the definition of
water entity the following paragraph:
(da) a body or corporation registered as a co-
operative under the Co-operatives
National Law (Tasmania); or
51. Section 100 amended (Withdrawal of application)
Section 100(2) of the Principal Act is amended
by omitting "section 97(1)(b)," and substituting
"section 12A,".
_______________________________________________________________
*No. 45 of 1999
43
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
s. 52 Part 20 - Legislation repealed
PART 20 - LEGISLATION REPEALED
52. Legislation repealed
The legislation specified in Schedule 1 is
repealed.
44
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
Part 21 - Miscellaneous s. 53
PART 21 - MISCELLANEOUS
53. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
45
Justice and Related Legislation (Miscellaneous Amendments) Act
2018
Act No. of 2018
sch. 1
SCHEDULE 1 - LEGISLATION REPEALED
Section 52
Long Service Leave (Casual Wharf Employees) Act 1982 (No.
37 of 1982)
46 Government Printer, Tasmania