Tasmanian Numbered Acts

JUSTICE (DELEGATED LEGISLATION) ACT 2003 (NO. 6 OF 2003) - SECT 52

52. Sections 12A and 12B inserted

After section 12 of the Principal Act, the following sections are inserted:

12A. Regulations

      (1) The Governor may make regulations for the purposes of this Act.

      (2) Without limiting the generality of subsection (1), the regulations may –

(a) prescribe the travelling and other expenses payable to persons who are witnesses at hearings of applications under section 8; and

(b) prescribe fees and charges in relation to any matter under this Act.

      (3) The regulations may –

(a) be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and

(b) authorise any matter to be from time to time determined or regulated by a magistrate.

12B. Transitional provision: rules and regulations

      (1) In this section –

"new rules" means rules of court made for this Act by the Magistrates Rule Committee on or after the transition day;

"old rules" means the rules of procedure and practice in force under section 12 immediately before the transition day;

"regulations" means regulations made under section 12A on or after the transition day;

"transition day" means the day on which Part 10 of the Justice (Delegated Legislation) Act 2003 commences.

      (2) Notwithstanding the amendments made to this Act by Part 10 of the Justice (Delegated Legislation) Act 2003 , the old rules continue in force on and after the transition day to the extent that they are not inconsistent with any new rules or regulations and may be –

(a) amended by the Governor, to the extent that the amendments are not inconsistent with any new rules or regulations, as if that Act had not been enacted; or

(b) rescinded by the Governor.