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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
JUSTICES AMENDMENT (COMPLAINT
VALIDATION) BILL 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 27 amended (Proceedings may be commenced by
complaint)
[Bill 41]-III
2
JUSTICES AMENDMENT (COMPLAINT
VALIDATION) BILL 2009
(Brought in by the Minister for Justice, the Honourable
Larissa Tahireh Giddings)
A BILL FOR
An Act to amend the Justices Act 1959
Be it enacted by His 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:
1. Short title
This Act may be cited as the Justices
Amendment (Complaint Validation) Act 2009.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Justices Act 1959* is referred to
as the Principal Act.
*No. 77 of 1959
[Bill 41] 3
Justices Amendment (Complaint Validation) Act 2009
Act No. of
s. 4
4. Section 27 amended (Proceedings may be
commenced by complaint)
Section 27 of the Principal Act is amended by
inserting after subsection (3) the following
subsections:
(4) If a complaint has been made by a public
officer in the name of, and on behalf of,
an agency, Department or instrumentality
purportedly in reliance on rule 6(3)(b) of
the Justices Rules 2003 as in force on
and from 1 January 2004 until
1 June 2009 -
(a) the complaint is taken to have
been validly made by the public
officer who signed it; and
(b) that public officer is taken to be
the complainant and to have
made the complaint in his or her
own right in accordance with
subsection (1); and
(c) the complaint need not be sworn
before a justice.
(5) Subsection (4) applies -
(a) subject to subsection (6), to a
complaint referred to in
subsection (4), whether or not the
proceedings on the complaint
have been finally determined; and
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Justices Amendment (Complaint Validation) Act 2009
Act No. of
s. 4
(b) to the public officer who made
the complaint in the name of, and
on behalf of, an agency,
Department or instrumentality,
whether or not the public officer
was employed in that agency,
Department or instrumentality.
(6) If before the commencement of
subsection (4) a complaint referred to in
that subsection has been dismissed by a
court on the basis that the complainant is
not a person who has the legal capacity
to bring a complaint, that subsection -
(a) does not apply to that complaint;
and
(b) does not affect the decision of the
court.
Government Printer, Tasmania 5