Tasmanian Bills Clause Notes

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JUSTICE LEGISLATION MISCELLANEOUS AMENDMENTS BILL 39 OF 2019

                                  CLAUSE NOTES

            Justice Legislation Miscellaneous Amendments Bill 2019

PART 1     Preliminary

Clause 1   Short Title
           Clause 1 cites the Act as the Justice Legislation Miscellaneous Amendments Act
           2019.

Clause 2   Commencement
           Clause 2 is a formal provision specifying that the Bill will commence on
           proclamation.

PART 2     Criminal Code Act 1924 amended

Clause 3   Principal Act
           Clause 3 cites the Criminal Code Act 1924 as the Principal Act in this Part.

Clause 4   Section 401 amended (Right of appeal)
           Clause 4 broadens the appeal rights of the Crown by amending the definition
           of “sentence” within section 401(3) to include an order deferring the sentencing
           of a person or altering the date to which the sentencing of the person is
           deferred.

PART 3     Criminal Law (Detention and Interrogation) Act 1995 amended

Clause 5   Principal Act
           Clause 5 cites the Criminal Law (Detention and Interrogation) Act 1995 as the
           Principal Act in this Part.

Clause 6   Section 4 amended (Detention of person in custody)
           Clause 6 clarifies that a person taken into custody under a warrant issued by a
           judge of the Supreme Court is not to be taken before a magistrate or a justice.

PART 4     Sentencing Act 1997 amended

Clause 7   Principal Act
           Clause 7 cites the Sentencing Act 1997 as the Principal Act in this Part.

Clause 8   Section 42AL amended (Power of arrest)
           Clause 8 inserts a new subsection (3A).

           Subsection 42AL(3A) provides the power to a justice or a magistrate to remand
           in custody or admit to bail, an offender subject to a home detention order made
           by a court of petty sessions who is arrested by a police officer under a warrant
           issued under section 42AL(1) or (3).




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            In addition, clause 8 amends subsection (5) to clarify the process if an offender
            subject to a home detention order is arrested by a police officer for a breach or
            potential breach of a condition of their home detention order.

            Section 44 amended (Period for payment of fine)
Clause 9
            Clause 9 inserts a new subsection (2A) to provide a default period of 28 days
            for the payment of fines in the event that a court does not order that the fine
            be paid within a set period.

            Concluding Provision
PART 5
            Repeal of Act
Clause 10
            Clause 10 provides for the repeal of the Bill a year after it commences.




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