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TASMANIA
__________
JUSTICE AND RELATED LEGISLATION
(FURTHER MISCELLANEOUS AMENDMENTS)
BILL 2023
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Repeal of Act
PART 2 - APPEAL COSTS FUND ACT 1968 AMENDED
4. Principal Act
5. Section 2 amended (Interpretation)
6. Section 5A amended (Annual statement to Workplace Safety
Board of Tasmania)
7. Section 5B amended (Annual statement to Asbestos
Compensation Commissioner)
PART 3 - CRIMES AT SEA ACT 1999 AMENDED
8. Principal Act
9. Principal Act amended
PART 4 - CRIMINAL CODE ACT 1924 AMENDED
10. Principal Act
11. Section 361AA amended (Trial by judge alone)
[Bill 12]-VI
PART 5 - DANGEROUS CRIMINALS AND HIGH RISK OFFENDERS
ACT 2021 AMENDED
12. Principal Act
13. Section 34 amended (Hearing of application)
PART 6 - GOLDAMERE PTY LTD (AGREEMENT) ACT 1996
AMENDED
14. Principal Act
15. Section 8 amended (Application of Environmental Legislation,
&c., to ABM Project)
PART 7 - MAGISTRATES COURT (CIVIL DIVISION) ACT 1992
AMENDED
16. Principal Act
17. Section 23 amended (Interpretation of Division)
18. Section 24 repealed
19. Section 26 amended (Interest on judgments)
PART 8 - NATURE CONSERVATION ACT 2002 AMENDED
20. Principal Act
21. Section 33 amended (Interpretation of Part)
PART 9 - OMBUDSMAN ACT 1978 AMENDED
22. Principal Act
23. Section 20A amended (Ombudsman may make preliminary
inquiries)
PART 10 - PUBLIC ACCOUNTS COMMITTEE ACT 1970 AMENDED
24. Principal Act
25. Section 7 amended (Evidence before Committee)
PART 11 - PUBLIC WORKS COMMITTEE ACT 1914 AMENDED
26. Principal Act
27. Section 22 amended (Power to take evidence)
2
PART 12 - STRATEGIC INFRASTRUCTURE CORRIDORS
(STRATEGIC AND RECREATIONAL USE) ACT 2016
AMENDED
28. Principal Act
29. Section 56 amended (Applications for permitted development in
relation to land within, or adjoining, corridor)
PART 13 - TASMANIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
ACT 2020 AMENDED
30. Principal Act
31. Schedule 2 amended (General Division)
PART 14 - URBAN DRAINAGE ACT 2013 AMENDED
32. Principal Act
33. Section 15 amended (Power of authorised officers to carry out
work on or adjacent to public land)
PART 15 - WORKERS REHABILITATION AND COMPENSATION
ACT 1988 AMENDED
34. Principal Act
35. Section 62 amended (Orders of Tribunal final)
36. Section 77G amended (Appeals)
PART 16 - WORKERS' (OCCUPATIONAL DISEASES) RELIEF FUND
ACT 1954 AMENDED
37. Principal Act
38. Section 43 amended (Appeal from decisions of Secretary)
3
4
JUSTICE AND RELATED LEGISLATION
(FURTHER MISCELLANEOUS AMENDMENTS)
BILL 2023
(Brought in by the Minister for Justice, the Honourable Elise
Nicole Archer)
A BILL FOR
An Act to amend the Appeal Costs Fund Act 1968, the
Crimes at Sea Act 1999, the Criminal Code Act 1924, the
Dangerous Criminals and High Risk Offenders Act 2021, the
Goldamere Pty Ltd (Agreement) Act 1996, the Magistrates
Court (Civil Division) Act 1992, the Nature Conservation Act
2002, the Ombudsman Act 1978, the Public Accounts
Committee Act 1970, the Public Works Committee Act 1914,
the Strategic Infrastructure Corridors (Strategic and
Recreational Use) Act 2016, the Tasmanian Civil and
Administrative Tribunal Act 2020, the Urban Drainage Act
2013, the Workers Rehabilitation and Compensation Act
1988 and the Workers' (Occupational Diseases) Relief Fund
Act 1954
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:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Justice and Related
Legislation (Further Miscellaneous
Amendments) Act 2023.
[Bill 12] 5
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2023
Act No. of 2023
s. 2 Part 1 - Preliminary
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Repeal of Act
This Act is repealed on the first anniversary of
the day on which it commenced.
6
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2023
Act No. of 2023
Part 2 - Appeal Costs Fund Act 1968 Amended s. 4
PART 2 - APPEAL COSTS FUND ACT 1968 AMENDED
4. Principal Act
In this Part, the Appeal Costs Fund Act 1968* is
referred to as the Principal Act.
5. Section 2 amended (Interpretation)
Section 2 of the Principal Act is amended as
follows:
(a) by omitting "other appeal." from the
definition of sequence of appeals and
substituting "other appeal;";
(b) by inserting the following definition after
the definition of sequence of appeals:
Tribunal means the Tasmanian Civil
and Administrative Tribunal.
6. Section 5A amended (Annual statement to
Workplace Safety Board of Tasmania)
Section 5A(1) of the Principal Act is amended as
follows:
(a) by omitting "Workers Rehabilitation and
Compensation Tribunal established
under the Workers Rehabilitation and
_______________________________________________________________
*No. 57 of 1968
7
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2023
Act No. of 2023
s. 7 Part 2 - Appeal Costs Fund Act 1968 Amended
Compensation Act 1988" and substituting
"Tribunal";
(b) by omitting "that Act" and substituting
"the Workers Rehabilitation and
Compensation Act 1988";
(c) by inserting "under that Act" after
"made".
7. Section 5B amended (Annual statement to Asbestos
Compensation Commissioner)
Section 5B(1) of the Principal Act is amended as
follows:
(a) by omitting "Asbestos Compensation
Tribunal established under the Asbestos-
Related Diseases (Occupational
Exposure) Compensation Act 2011" and
substituting "Tribunal";
(b) by omitting "that Act" first occurring and
substituting "the Asbestos-Related
Diseases (Occupational Exposure)
Compensation Act 2011".
8
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2023
Act No. of 2023
Part 3 - Crimes at Sea Act 1999 Amended s. 8
PART 3 - CRIMES AT SEA ACT 1999 AMENDED
8. Principal Act
In this Part, the Crimes at Sea Act 1999* is
referred to as the Principal Act.
9. Principal Act amended
The Principal Act is amended by omitting the
Annexure and substituting the following
Annexure:
ANNEXURE
_______________________________________________________________
*No. 11 of 1999
9
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2023
Act No. of 2023
s. 10 Part 4 - Criminal Code Act 1924 Amended
PART 4 - CRIMINAL CODE ACT 1924 AMENDED
10. Principal Act
In this Part, the Criminal Code Act 1924* is
referred to as the Principal Act.
11. Section 361AA amended (Trial by judge alone)
Section 361AA(2)(a) of the Principal Act is
amended by omitting "been committed to trial
for the crime" and substituting "first appeared
before the Supreme Court in respect of the
crime".
_______________________________________________________________
*No. 69 of 1924
10
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2023
Act No. of 2023
Part 5 - Dangerous Criminals and High Risk Offenders Act 2021 Amended s. 12
PART 5 - DANGEROUS CRIMINALS AND HIGH RISK
OFFENDERS ACT 2021 AMENDED
12. Principal Act
In this Part, the Dangerous Criminals and High
Risk Offenders Act 2021* is referred to as the
Principal Act.
13. Section 34 amended (Hearing of application)
Section 34 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsection:
(2) After receiving an application in relation
to an offender, the Supreme Court may
make one or more of the following
orders:
(a) an order for the Chief Psychiatrist
under the Mental Health Act 2013
to provide to the Court, by the
date specified in the order, a
report, prepared by a psychiatrist,
psychologist or medical
practitioner, as to the likelihood
of the offender committing
another serious offence unless an
HRO order is made in relation to
the offender;
_______________________________________________________________
*No. 2 of 2021
11
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2023
Act No. of 2023
s. 13 Part 5 - Dangerous Criminals and High Risk Offenders Act 2021 Amended
(b) if a copy of a behavioural report
or a management report was
provided to the DPP under
section 27(4) in respect of the
offender, an order for an updated
report to be provided to the Court
by the date specified in the order;
(c) if a behavioural report or a
management report was not
provided to the DPP under
section 27(4) in respect of the
offender, either or both of the
following reports be provided to
the Court by the date specified in
the order:
(i) a behavioural report
within the meaning of
section 27(2);
(ii) a management report,
within the meaning of
section 27(3), by the
relevant agency specified
in the order or, if no
agency is so specified, by
any relevant agency.
12
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2023
Act No. of 2023
Part 6 - Goldamere Pty Ltd (Agreement) Act 1996 Amended s. 14
PART 6 - GOLDAMERE PTY LTD (AGREEMENT)
ACT 1996 AMENDED
14. Principal Act
In this Part, the Goldamere Pty Ltd (Agreement)
Act 1996* is referred to as the Principal Act.
15. Section 8 amended (Application of Environmental
Legislation, &c., to ABM Project)
Section 8 of the Principal Act is amended by
omitting "Resource Management and Planning
Appeal Tribunal Act 1993" and substituting
"Tasmanian Civil and Administrative Tribunal
Act 2020".
_______________________________________________________________
*No. 30 of 1996
13
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2023
Act No. of 2023
s. 16 Part 7 - Magistrates Court (Civil Division) Act 1992 Amended
PART 7 - MAGISTRATES COURT (CIVIL DIVISION)
ACT 1992 AMENDED
16. Principal Act
In this Part, the Magistrates Court (Civil
Division) Act 1992* is referred to as the
Principal Act.
17. Section 23 amended (Interpretation of Division)
Section 23 of the Principal Act is amended by
omitting the definition of prescribed rate and
substituting the following definition:
prescribed rate, in relation to a judgment,
means the prescribed rate referred to in
section 35A of the Supreme Court Civil
Procedure Act 1932, as in force at the
time at which the judgment is given.
18. Section 24 repealed
Section 24 of the Principal Act is repealed.
19. Section 26 amended (Interest on judgments)
Section 26(1) of the Principal Act is amended by
omitting paragraph (a) and substituting the
following paragraph:
_______________________________________________________________
*No. 27 of 1992
14
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2023
Act No. of 2023
Part 7 - Magistrates Court (Civil Division) Act 1992 Amended s. 19
(a) the rate of interest that applied, under
section 165 of the Supreme Court Civil
Procedure Act 1932, at the time at which
the judgment was entered; or
15
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2023
Act No. of 2023
s. 20 Part 8 - Nature Conservation Act 2002 Amended
PART 8 - NATURE CONSERVATION ACT 2002
AMENDED
20. Principal Act
In this Part, the Nature Conservation Act 2002*
is referred to as the Principal Act.
21. Section 33 amended (Interpretation of Part)
Section 33 of the Principal Act is amended as
follows:
(a) by omitting "to the Forest Practices
Tribunal" from paragraph (b) of the
definition of affected owner;
(b) by omitting "to the Forest Practices
Tribunal" from paragraph (c) of the
definition of affected owner;
(c) by omitting "Forest Practices Tribunal"
from the definition of arbitrator and
substituting "Tasmanian Civil and
Administrative Tribunal";
(d) by omitting the definition of Forest
Practices Tribunal.
_______________________________________________________________
*No. 63 of 2002
16
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2023
Act No. of 2023
Part 9 - Ombudsman Act 1978 Amended s. 22
PART 9 - OMBUDSMAN ACT 1978 AMENDED
22. Principal Act
In this Part, the Ombudsman Act 1978* is
referred to as the Principal Act.
23. Section 20A amended (Ombudsman may make
preliminary inquiries)
Section 20A(1) of the Principal Act is amended
by inserting "an investigation should be carried
out on the Ombudsman's own motion or" after
"if".
_______________________________________________________________
*No. 82 of 1978
17
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2023
Act No. of 2023
s. 24 Part 10 - Public Accounts Committee Act 1970 Amended
PART 10 - PUBLIC ACCOUNTS COMMITTEE ACT
1970 AMENDED
24. Principal Act
In this Part, the Public Accounts Committee Act
1970* is referred to as the Principal Act.
25. Section 7 amended (Evidence before Committee)
Section 7(11) of the Principal Act is amended as
follows:
(a) by omitting "Parliamentary Privilege Act
1957" and substituting "Parliamentary
Privilege Act 1858";
(b) by omitting "Division" and substituting
"section".
_______________________________________________________________
*No. 54 of 1970
18
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2023
Act No. of 2023
Part 11 - Public Works Committee Act 1914 Amended s. 26
PART 11 - PUBLIC WORKS COMMITTEE ACT 1914
AMENDED
26. Principal Act
In this Part, the Public Works Committee Act
1914* is referred to as the Principal Act.
27. Section 22 amended (Power to take evidence)
Section 22(2) of the Principal Act is amended by
omitting "Parliamentary Privilege Act 1957"
and substituting "Parliamentary Privilege Act
1858".
_______________________________________________________________
*No. 32 of 1914
19
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2023
Act No. of 2023
s. 28 Part 12 - Strategic Infrastructure Corridors (Strategic and Recreational Use)
Act 2016 Amended
PART 12 - STRATEGIC INFRASTRUCTURE
CORRIDORS (STRATEGIC AND RECREATIONAL
USE) ACT 2016 AMENDED
28. Principal Act
In this Part, the Strategic Infrastructure
Corridors (Strategic and Recreational Use) Act
2016* is referred to as the Principal Act.
29. Section 56 amended (Applications for permitted
development in relation to land within, or
adjoining, corridor)
Section 56(3)(b) of the Principal Act is amended
by omitting "section 14 of the Resource
Management and Planning Appeal Tribunal Act
1993" and substituting "clause 7(3) of Part 8 of
Schedule 2 to the Tasmanian Civil and
Administrative Tribunal Act 2020".
_______________________________________________________________
*No. 50 of 2016
20
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2023
Act No. of 2023
Part 13 - Tasmanian Civil and Administrative Tribunal Act 2020 Amended s. 30
PART 13 - TASMANIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL ACT 2020 AMENDED
30. Principal Act
In this Part, the Tasmanian Civil and
Administrative Tribunal Act 2020* is referred to
as the Principal Act.
31. Schedule 2 amended (General Division)
Clause 9 of Part 8 of Schedule 2 to the Principal
Act is amended as follows:
(a) by omitting from subclause (6)(b) "this
subsection" and substituting "this
clause";
(b) by omitting from subclause (7)(c) "this
subsection" and substituting "this
clause".
_______________________________________________________________
*No. 24 of 2020
21
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2023
Act No. of 2023
s. 32 Part 14 - Urban Drainage Act 2013 Amended
PART 14 - URBAN DRAINAGE ACT 2013 AMENDED
32. Principal Act
In this Part, the Urban Drainage Act 2013* is
referred to as the Principal Act.
33. Section 15 amended (Power of authorised officers to
carry out work on or adjacent to public land)
Section 15(11) of the Principal Act is amended
by omitting "Resource Management and
Planning Appeal Tribunal Act 1993" and
substituting "Tasmanian Civil and
Administrative Tribunal Act 2020".
_______________________________________________________________
*No. 71 of 2013
22
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2023
Act No. of 2023
Part 15 - Workers Rehabilitation and Compensation Act 1988 Amended s. 34
PART 15 - WORKERS REHABILITATION AND
COMPENSATION ACT 1988 AMENDED
34. Principal Act
In this Part, the Workers Rehabilitation and
Compensation Act 1988* is referred to as the
Principal Act.
35. Section 62 amended (Orders of Tribunal final)
Section 62 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "section
63" and substituting "section 136(1) of
the Tasmanian Civil and Administrative
Tribunal Act 2020";
(b) by omitting from subsection (4) "section
63" and substituting "section 137(1) of
the Tasmanian Civil and Administrative
Tribunal Act 2020".
36. Section 77G amended (Appeals)
Section 77G(7) of the Principal Act is amended
by omitting "section 63" and substituting
"section 136(1) of the Tasmanian Civil and
Administrative Tribunal Act 2020".
_______________________________________________________________
*No. 4 of 1988
23
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2023
Act No. of 2023
s. 37 Part 16 - Workers' (Occupational Diseases) Relief Fund Act 1954
Amended
PART 16 - WORKERS' (OCCUPATIONAL DISEASES)
RELIEF FUND ACT 1954 AMENDED
37. Principal Act
In this Part, the Workers' (Occupational
Diseases) Relief Fund Act 1954* is referred to as
the Principal Act.
38. Section 43 amended (Appeal from decisions of
Secretary)
Section 43 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Workers Rehabilitation and
Compensation Tribunal established
under the Workers Rehabilitation and
Compensation Act 1988" and substituting
"Tasmanian Civil and Administrative
Tribunal";
(b) by omitting from subsection (2)(b)
"Registrar of the Workers Rehabilitation
and Compensation Tribunal" and
substituting "Tasmanian Civil and
Administrative Tribunal".
_______________________________________________________________
*No. 45 of 1954