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CLAUSE NOTES
JUSTICE AND RELATED LEGISLATION (FURTHER
MISCELLANEOUS AMENDMENTS) AMENDMENT BILL 2010
Clause 1: Short Title
Clause 2: Commencement
Clause 3: Principal Act
The Principal Act is the Justice and Related
Legislation (Further Miscellaneous Amendments)
Act 2009
Clause 4: Section 30A inserted
The definition of "authorised person" is being
substituted in the Sentencing Act. This is to
extend the people who may make applications
in respect of breaches of suspended sentences
and particularly to allow additional persons to
make verbal applications in relation to
breaches. The old definition required the
Director of Public Prosecutions to personally
make such applications which is appropriate
for written application but not where a verbal
application is to be made by the practitioner
actually conducting the prosecution in the
court. Also, the old definition assumed that
"police officers" undertook prosecutions and
the term did not cover legal practitioners who
undertake prosecutorial functions for
Tasmania Police.
Clause 5: Section 31 amended (Section 24
substituted)
Subsection (a) provides a substitute provision
which does not contain the three mandatory
reporting conditions to which all suspended
sentences would be made subject.
Subsections (b) and (c) take account of the
removal of the three mandatory reporting
conditions from section 24(1) and makes them
mandatory only if the suspended sentence also
includes a community service or probation
obligation.
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