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TASMANIA
__________
JUSTICE AND RELATED LEGISLATION
(FURTHER MISCELLANEOUS AMENDMENTS)
BILL 2012
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - ACTS INTERPRETATION ACT 1931 AMENDED
3. Principal Act
4. Section 23E inserted
23E. Exercise of power of Governor to approve, &c.,
remuneration of office holders
PART 3 - AUSTRALIAN CONSUMER LAW (TASMANIA) ACT 2010
AMENDED
5. Principal Act
6. Section 25 amended (Infringement notices)
PART 4 - BAIL ACT 1994 AMENDED
7. Principal Act
8. Section 3 amended (Interpretation)
9. Section 7 amended (Conditions to which bail is subject)
10. Section 10 amended (Power of arrest on contravention of
condition of bail)
[Bill 40]-IV
11. Section 11 amended (Power of judicial officers to deal with
arrested person)
12. Section 12 substituted
12. Power of judge or justice to issue warrant for arrest
13. Section 20 amended (Forfeiture of recognizances)
14. Section 21 substituted
21. Enforcement of orders for forfeiture of money
deposited, &c.
15. Section 24 amended (Application to revoke bail, &c.)
PART 5 - BAPTIST UNION INCORPORATION ACT 1902 AMENDED
16. Principal Act
17. Section 10A amended (Auditing requirements)
PART 6 - BUILDING ACT 2000 AMENDED
18. Principal Act
19. Section 3 amended (Interpretation)
20. Section 266 amended (Reliance on certificate of other person)
PART 7 - BUILDING AND CONSTRUCTION INDUSTRY SECURITY
OF PAYMENT ACT 2009 AMENDED
21. Principal Act
22. Section 4 amended (Interpretation)
PART 8 - COMMUNITY PROTECTION (OFFENDER REPORTING)
ACT 2005 AMENDED
23. Principal Act
24. Section 50A amended (Appeals)
PART 9 - CONVEYANCING ACT 2004 AMENDED
25. Principal Act
26. Section 30 amended (Audit of trust accounts)
PART 10 - CRIME (CONFISCATION OF PROFITS) ACT 1993
AMENDED
27. Principal Act
28. Section 21A inserted
2
21A. Certain pecuniary penalty orders to be fines
29. Section 79 amended (Crime (Confiscation of Profits) Account)
PART 11 - DANGEROUS GOODS (ROAD AND RAIL TRANSPORT)
ACT 2010 AMENDED
30. Principal Act
31. Section 79 amended (Infringement notices)
PART 12 - ENERGY OMBUDSMAN ACT 1998 AMENDED
32. Principal Act
33. Section 3 amended (Interpretation)
34. Section 9A amended (Referral of matter to Ombudsman as
complaint)
35. Section 10 amended (Determining whether to investigate
complaint, &c.)
36. Section 19 amended (Reference to another authority for
investigation)
37. Section 20 amended (Matters concerning reference to another
authority)
38. Section 27 amended (Enforcement of order)
39. Section 29 amended (Reports)
40. Section 32 amended (Exchange of information)
41. Section 39 amended (Budget guidelines)
42. Section 39A amended (Preparation and publication of annual
budget)
43. Section 39B amended (Review of apportionment in budget)
PART 13 - ENVIRONMENTAL MANAGEMENT AND POLLUTION
CONTROL ACT 1994 AMENDED
44. Principal Act
45. Section 100A repealed
PART 14 - GAMING CONTROL ACT 1993 AMENDED
46. Principal Act
47. Section 172A amended (Infringement notices)
3
PART 15 - HEALTH SERVICE ESTABLISHMENTS ACT 2006
AMENDED
48. Principal Act
49. Section 55A amended (Infringement notices)
PART 16 - LEGAL PROFESSION ACT 2007 AMENDED
50. Principal Act
51. Section 458 amended (Application against determinations)
PART 17 - LISTENING DEVICES ACT 1991 AMENDED
52. Principal Act
53. Section 5 amended (Prohibition on use of listening devices)
PART 18 - LITTER ACT 2007 AMENDED
54. Principal Act
55. Section 17 amended (Infringement notice)
PART 19 - LOCAL GOVERNMENT (HIGHWAYS) ACT 1982
AMENDED
56. Principal Act
57. Section 100 amended (Infringement notices)
PART 20 - MONETARY PENALTIES ENFORCEMENT ACT 2005
AMENDED
58. Principal Act
59. Section 3 amended (Interpretation)
60. Section 27 amended (Application to Director for variation of
payment conditions)
61. Section 33 amended (Issue of MPCSO)
62. Section 34 amended (Requirements of MPCSO)
63. Section 36 repealed
64. Section 46 amended (Default in paying in accordance with
variation of payment notice)
65. Section 73 amended (Enforcement warrant to enable seizure and
sale of property)
4
66. Section 111 amended (Order of satisfaction of monetary
penalties)
PART 21 - MOTOR VEHICLE TRADERS ACT 2011 AMENDED
67. Principal Act
68. Section 50 amended (Warrant to enter premises)
69. Section 53 amended (Infringement notice)
PART 22 - OCCUPATIONAL LICENSING ACT 2005 AMENDED
70. Principal Act
71. Sections 42 and 43 substituted
42. Term of licence
43. Renewal of licence
PART 23 - PREPAID FUNERALS ACT 2004 AMENDED
72. Principal Act
73. Section 3 amended (Interpretation)
PART 24 - PROPERTY AGENTS AND LAND TRANSACTIONS ACT
2005 AMENDED
74. Principal Act
75. Section 3 amended (Interpretation)
PART 25 - RAIL SAFETY ACT 2009 AMENDED
76. Principal Act
77. Section 133 amended (Infringement notices)
PART 26 - RESOURCE MANAGEMENT AND PLANNING APPEAL
TRIBUNAL ACT 1993 AMENDED
78. Principal Act
79. Section 14 amended (Parties to appeal before Appeal Tribunal)
80. Section 28 amended (Costs)
PART 27 - SECURITY AND INVESTIGATIONS AGENTS ACT 2002
AMENDED
81. Principal Act
82. Section 30 amended (Audits)
5
83. Section 41 amended (Exemptions)
PART 28 - SENTENCING ACT 1997 AMENDED
84. Principal Act
85. Section 27 amended (Breach of order suspending sentence)
86. Section 36 amended (Breach of community service order)
87. Section 42 amended (Breach of probation order)
88. Section 54A amended (Contravention of rehabilitation program
order)
89. Section 68 amended (Compensation order)
90. Section 69 amended (Enforcement of compensation order)
PART 29 - REPEAL OF ACT
91. Repeal of Act
6
JUSTICE AND RELATED LEGISLATION
(FURTHER MISCELLANEOUS AMENDMENTS)
BILL 2012
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
20 November 2012
(Brought in by the Minister for Justice, the Honourable Brian
Neal Wightman)
A BILL FOR
An Act to amend the Acts Interpretation Act 1931, the
Australian Consumer Law (Tasmania) Act 2010, the Bail Act
1994, the Baptist Union Incorporation Act 1902, the
Building Act 2000, the Building and Construction Industry
Security of Payment Act 2009, the Community Protection
(Offender Reporting) Act 2005, the Conveyancing Act 2004,
the Crime (Confiscation of Profits) Act 1993, the Dangerous
Goods (Road and Rail Transport) Act 2010, the Energy
Ombudsman Act 1998, the Environmental Management and
Pollution Control Act 1994, the Gaming Control Act 1993,
the Health Service Establishments Act 2006, the Legal
Profession Act 2007, the Listening Devices Act 1991, the
Litter Act 2007, the Local Government (Highways) Act 1982,
the Monetary Penalties Enforcement Act 2005, the Motor
Vehicle Traders Act 2011, the Occupational Licensing Act
2005, the Prepaid Funerals Act 2004, the Property Agents
and Land Transactions Act 2005, the Rail Safety Act 2009,
the Resource Management and Planning Appeal Tribunal
Act 1993, the Security and Investigations Agents Act 2002
and the Sentencing Act 1997
[Bill 40] 7
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 1 Part 1 - Preliminary
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:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Justice and Related
Legislation (Further Miscellaneous
Amendments) Act 2012.
2. Commencement
(1) Except as provided by this section, this Act
commences on the day on which this Act
receives the Royal Assent.
(2) Part 6 commences on the day on which the
Building Amendment Act 2012 commences.
8
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 2 - Acts Interpretation Act 1931 Amended s. 3
PART 2 - ACTS INTERPRETATION ACT 1931
AMENDED
3. Principal Act
In this Part, the Acts Interpretation Act 1931* is
referred to as the Principal Act.
4. Section 23E inserted
After section 23D of the Principal Act, the
following section is inserted:
23E. Exercise of power of Governor to approve,
&c., remuneration of office holders
Where an Act provides the Governor
with the power to approve, determine or
otherwise fix the remuneration, expenses
or other emoluments payable to the
holder of an office, that power may also
be exercised by -
(a) a Minister; or
(b) any other person authorised in
writing by the Governor for that
purpose.
*No. 59 of 1931
9
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 5 Part 3 - Australian Consumer Law (Tasmania) Act 2010 Amended
PART 3 - AUSTRALIAN CONSUMER LAW
(TASMANIA) ACT 2010 AMENDED
5. Principal Act
In this Part, the Australian Consumer Law
(Tasmania) Act 2010* is referred to as the
Principal Act.
6. Section 25 amended (Infringement notices)
Section 25 of the Principal Act is amended by
omitting subsection (6).
*No. 40 of 2010
10
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 4 - Bail Act 1994 Amended s. 7
PART 4 - BAIL ACT 1994 AMENDED
7. Principal Act
In this Part, the Bail Act 1994* is referred to as
the Principal Act.
8. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
inserting after paragraph (a) in the definition of
appropriate officer the following paragraph:
(ab) in the case of the Court of Criminal
Appeal, the Registrar of the Court of
Criminal Appeal; or
9. Section 7 amended (Conditions to which bail is
subject)
Section 7 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(b) "Court
of Criminal Appeal or the" after "the";
(b) by inserting in subsection (1)(g) "Court
of Criminal Appeal or the" after "the";
(c) by omitting from subsection (2)
"authorised";
*No. 9 of 1994
11
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 10 Part 4 - Bail Act 1994 Amended
(d) by omitting from subsection (2)(a)
"judicial officer" and substituting
"person making that order";
(e) by omitting from subsection (2)(a) "that
person" and substituting "the person
admitted to bail";
(f) by inserting in subsection (3A) "Court of
Criminal Appeal or the" after "in the".
10. Section 10 amended (Power of arrest on
contravention of condition of bail)
Section 10(1)(a) of the Principal Act is amended
by inserting after subparagraph (iii) the
following subparagraph:
(iv) a requirement specified in written advice
given to that person in accordance with
section 7(3A); or
11. Section 11 amended (Power of judicial officers to
deal with arrested person)
Section 11 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(b) "Court
of Criminal Appeal or the" after "made
by the";
(b) by omitting from subsection (1)(b) "the
Supreme" second occurring and
substituting "either such";
12
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 4 - Bail Act 1994 Amended s. 12
(c) by omitting from subsection (1)(b) "that
Court" and substituting "the Court of
Criminal Appeal or the Supreme Court,
as the case may be";
(d) by inserting in subsection (2) "Court of
Criminal Appeal or the" after "of the".
12. Section 12 substituted
Section 12 of the Principal Act is repealed and
the following section is substituted:
12. Power of judge or justice to issue warrant
for arrest
A judge of the Court of Criminal Appeal
or the Supreme Court or a justice may
issue a warrant for the arrest of a person
admitted to bail who fails to appear at a
court -
(a) in accordance with the order for
bail; or
(b) pursuant to a requirement
specified in written advice given
to that person in accordance with
section 7(3A).
13. Section 20 amended (Forfeiture of recognizances)
Section 20 of the Principal Act is amended as
follows:
13
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 14 Part 4 - Bail Act 1994 Amended
(a) by inserting "Court of Criminal Appeal
or the" after "judge of the";
(b) by omitting "that" first occurring and
substituting "either such".
14. Section 21 substituted
Section 21 of the Principal Act is repealed and
the following section is substituted:
21. Enforcement of orders for forfeiture of
money deposited, &c.
An amount or part of an amount ordered
to be forfeited under section 19(1)(a) or
20 is taken to be a fine imposed by the
Court that may be referred to the
Director, Monetary Penalties
Enforcement Services for collection and
enforcement.
15. Section 24 amended (Application to revoke bail,
&c.)
Section 24(1) of the Principal Act is amended as
follows:
(a) by inserting ", respondent to an appeal "
after "prosecutor";
(b) by omitting "or" second occurring and
substituting ",";
14
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 4 - Bail Act 1994 Amended s. 15
(c) by inserting "or in respect of his or her
appeal" after "application for a restraint
order";
(d) by omitting "or application" twice
occurring and substituting ", application
or appeal".
15
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 16 Part 5 - Baptist Union Incorporation Act 1902 Amended
PART 5 - BAPTIST UNION INCORPORATION ACT
1902 AMENDED
16. Principal Act
In this Part, the Baptist Union Incorporation Act
1902* is referred to as the Principal Act.
17. Section 10A amended (Auditing requirements)
Section 10A(2) of the Principal Act is amended
by omitting paragraph (c) and substituting the
following paragraph:
(c) the Institute of Public Accountants.
*No. 48 of 1902
16
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 6 - Building Act 2000 Amended s. 18
PART 6 - BUILDING ACT 2000 AMENDED
18. Principal Act
In this Part, the Building Act 2000* is referred to
as the Principal Act.
19. Section 3 amended (Interpretation)
The definition of Building Code of Australia in
section 3(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "or
additions in the Tasmania Appendix" and
substituting "and additions in the
Appendix Tasmania";
(b) by omitting from paragraph (b)
"Tasmanian variations" and substituting
"Tasmania additions".
20. Section 266 amended (Reliance on certificate of
other person)
Section 266(2)(d) of the Principal Act is
amended by omitting "building plumbing " and
substituting "building system or plumbing".
*No. 100 of 2000
17
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 21 Part 7 - Building and Construction Industry Security of Payment Act 2009
Amended
PART 7 - BUILDING AND CONSTRUCTION
INDUSTRY SECURITY OF PAYMENT ACT 2009
AMENDED
21. Principal Act
In this Part, the Building and Construction
Industry Security of Payment Act 2009* is
referred to as the Principal Act.
22. Section 4 amended (Interpretation)
Section 4 of the Principal Act is amended by
omitting the definition of business day.
*No. 86 of 2009
18
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 8 - Community Protection (Offender Reporting) Act 2005 Amended s. 23
PART 8 - COMMUNITY PROTECTION (OFFENDER
REPORTING) ACT 2005 AMENDED
23. Principal Act
In this Part, the Community Protection (Offender
Reporting) Act 2005* is referred to as the
Principal Act.
24. Section 50A amended (Appeals)
Section 50A of the Principal Act is amended by
inserting after subsection (3) the following
subsections:
(3A) The prosecution may appeal against a
decision of the Supreme Court not to
make an offender reporting order.
(3B) On an appeal under subsection (3A), the
Court of Criminal Appeal may -
(a) affirm the decision not to make
an offender reporting order; or
(b) make an offender reporting order.
*No. 61 of 2005
19
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 25 Part 9 - Conveyancing Act 2004 Amended
PART 9 - CONVEYANCING ACT 2004 AMENDED
25. Principal Act
In this Part, the Conveyancing Act 2004* is
referred to as the Principal Act.
26. Section 30 amended (Audit of trust accounts)
Section 30(2)(a) of the Principal Act is amended
by omitting subparagraph (iii) and substituting
the following subparagraph:
(iii) the Institute of Public Accountants; and
*No. 22 of 2004
20
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 10 - Crime (Confiscation of Profits) Act 1993 Amended s. 27
PART 10 - CRIME (CONFISCATION OF PROFITS)
ACT 1993 AMENDED
27. Principal Act
In this Part, the Crime (Confiscation of Profits)
Act 1993* is referred to as the Principal Act.
28. Section 21A inserted
After section 21 of the Principal Act, the
following section is inserted in Division 3:
21A. Certain pecuniary penalty orders to be fines
Where a pecuniary penalty order was
made before 1 June 2011 and has not
been paid within 60 days after the
commencement of section 28 of the
Justice and Related Legislation (Further
Miscellaneous Amendments) Act 2012,
the order is to be taken to be a fine within
the meaning of the Monetary Penalties
Enforcement Act 2005 and is enforceable
as such.
29. Section 79 amended (Crime (Confiscation of
Profits) Account)
Section 79(7) of the Principal Act is amended by
omitting "Criminal Injuries Compensation Act
*No. 20 of 1993
21
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 29 Part 10 - Crime (Confiscation of Profits) Act 1993 Amended
1976" and substituting "Victims of Crime
Assistance Act 1976".
22
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 11 - Dangerous Goods (Road and Rail Transport) Act 2010 Amended s. 30
PART 11 - DANGEROUS GOODS (ROAD AND RAIL
TRANSPORT) ACT 2010 AMENDED
30. Principal Act
In this Part, the Dangerous Goods (Road and
Rail Transport) Act 2010* is referred to as the
Principal Act.
31. Section 79 amended (Infringement notices)
Section 79 of the Principal Act is amended by
omitting subsection (6).
*No. 16 of 2010
23
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 32 Part 12 - Energy Ombudsman Act 1998 Amended
PART 12 - ENERGY OMBUDSMAN ACT 1998
AMENDED
32. Principal Act
In this Part, the Energy Ombudsman Act 1998*
is referred to as the Principal Act.
33. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of Director of
Gas;
(b) by omitting the definition of Regulator
and substituting the following definition:
Regulator means the Tasmanian
Economic Regulator established
under section 9 of the Economic
Regulator Act 2009.
34. Section 9A amended (Referral of matter to
Ombudsman as complaint)
Section 9A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "or
Director of Gas" twice occurring;
*No. 20 of 1998
24
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 12 - Energy Ombudsman Act 1998 Amended s. 35
(b) by omitting from subsection (3) "or
Director of Gas" twice occurring.
35. Section 10 amended (Determining whether to
investigate complaint, &c.)
Section 10 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(b) ", the
Director of Gas";
(b) by omitting from subsection (1)(b) "or
the Director of Gas";
(c) by omitting from subsection (1)(c)(vii)
"or the Director of Gas";
(d) by omitting from subsection (5)(b) ", the
Director of Gas".
36. Section 19 amended (Reference to another authority
for investigation)
Section 19(1) of the Principal Act is amended by
omitting ", the Director of Gas" twice occurring.
37. Section 20 amended (Matters concerning reference
to another authority)
Section 20 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) ", the
Director of Gas" twice occurring;
25
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 38 Part 12 - Energy Ombudsman Act 1998 Amended
(b) by omitting from subsection (2) ", the
Director of Gas";
(c) by omitting from subsection (2) ",
Director of Gas";
(d) by omitting from subsection (4) ", the
Director of Gas".
38. Section 27 amended (Enforcement of order)
Section 27(1) of the Principal Act is amended by
omitting "or Director of Gas".
39. Section 29 amended (Reports)
Section 29(3)(d) of the Principal Act is amended
by omitting "or Director of Gas".
40. Section 32 amended (Exchange of information)
Section 32 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) ", the
Director of Gas";
(b) by omitting from paragraph (b) ", the
Director of Gas".
41. Section 39 amended (Budget guidelines)
Section 39(3) of the Principal Act is amended by
omitting paragraph (b).
26
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 12 - Energy Ombudsman Act 1998 Amended s. 42
42. Section 39A amended (Preparation and publication
of annual budget)
Section 39A(4)(a) of the Principal Act is
amended by omitting ", the Director of Gas".
43. Section 39B amended (Review of apportionment in
budget)
Section 39B of the Principal Act is amended as
follows:
(a) by omitting from subsection (5) "and
Director of Gas";
(b) by omitting from subsection (6) "and
Director of Gas, jointly,";
(c) by omitting subsection (7) and
substituting the following subsection:
(7) In determining applications, the
Regulator -
(a) is to consider all the
submissions made in
respect of the
applications; and
(b) may inform himself,
herself or itself in any
manner he, she or it
considers appropriate.
27
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 44 Part 13 - Environmental Management and Pollution Control Act 1994
Amended
PART 13 - ENVIRONMENTAL MANAGEMENT AND
POLLUTION CONTROL ACT 1994 AMENDED
44. Principal Act
In this Part, the Environmental Management and
Pollution Control Act 1994* is referred to as the
Principal Act.
45. Section 100A repealed
Section 100A of the Principal Act is repealed.
*No. 44 of 1994
28
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 14 - Gaming Control Act 1993 Amended s. 46
PART 14 - GAMING CONTROL ACT 1993 AMENDED
46. Principal Act
In this Part, the Gaming Control Act 1993* is
referred to as the Principal Act.
47. Section 172A amended (Infringement notices)
Section 172A of the Principal Act is amended by
omitting subsection (5).
*No. 94 of 1993
29
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 48 Part 15 - Health Service Establishments Act 2006 Amended
PART 15 - HEALTH SERVICE ESTABLISHMENTS
ACT 2006 AMENDED
48. Principal Act
In this Part, the Health Service Establishments
Act 2006* is referred to as the Principal Act.
49. Section 55A amended (Infringement notices)
Section 55A of the Principal Act is amended by
omitting subsection (5).
*No. 17 of 2006
30
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 16 - Legal Profession Act 2007 Amended s. 50
PART 16 - LEGAL PROFESSION ACT 2007 AMENDED
50. Principal Act
In this Part, the Legal Profession Act 2007* is
referred to as the Principal Act.
51. Section 458 amended (Application against
determinations)
Section 458(2) of the Principal Act is amended
by inserting ", section 451 (Dismissal of
complaint) or section 454(1) (Determination of
Board)" after "complaints)".
*No. 24 of 2007
31
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 52 Part 17 - Listening Devices Act 1991 Amended
PART 17 - LISTENING DEVICES ACT 1991 AMENDED
52. Principal Act
In this Part, the Listening Devices Act 1991* is
referred to as the Principal Act.
53. Section 5 amended (Prohibition on use of listening
devices)
Section 5 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(2A) For the purposes of subsection (2)(e),
police officer includes a person
appointed by or under an Australian law
whose functions include the prevention
or investigation of offences.
*No. 21 of 1991
32
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 18 - Litter Act 2007 Amended s. 54
PART 18 - LITTER ACT 2007 AMENDED
54. Principal Act
In this Part, the Litter Act 2007* is referred to as
the Principal Act.
55. Section 17 amended (Infringement notice)
Section 17 of the Principal Act is amended by
omitting subsection (11).
*No. 38 of 2007
33
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 56 Part 19 - Local Government (Highways) Act 1982 Amended
PART 19 - LOCAL GOVERNMENT (HIGHWAYS) ACT
1982 AMENDED
56. Principal Act
In this Part, the Local Government (Highways)
Act 1982* is referred to as the Principal Act.
57. Section 100 amended (Infringement notices)
Section 100(7) of the Principal Act is amended
by omitting "section 24" and substituting
"section 23".
*No. 57 of 1982
34
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 20 - Monetary Penalties Enforcement Act 2005 Amended s. 58
PART 20 - MONETARY PENALTIES ENFORCEMENT
ACT 2005 AMENDED
58. Principal Act
In this Part, the Monetary Penalties Enforcement
Act 2005* is referred to as the Principal Act.
59. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of Commissioner:
compensation order means an order
made under Division 2 of Part 9
of the Sentencing Act 1997;
(b) by omitting "made by the Magistrates
Court" from paragraph (a)(ii) of the
definition of fine.
60. Section 27 amended (Application to Director for
variation of payment conditions)
Section 27(2)(b) of the Principal Act is amended
by omitting "imposed by the infringement
notice".
*No. 57 of 2005
35
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 61 Part 20 - Monetary Penalties Enforcement Act 2005 Amended
61. Section 33 amended (Issue of MPCSO)
Section 33 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)
"alleged";
(b) by omitting subsection (4) and
substituting the following subsection:
(4) On the issue of an MPCSO, the
Director is to cease, or not take,
action to enforce payment of any
monetary penalty to which the
order relates while the offender
complies with the order.
62. Section 34 amended (Requirements of MPCSO)
Section 34(2) of the Principal Act is amended by
inserting "cancellation of the order and the
taking of other action to enforce payment of the
monetary penalty which may result in the" after
"in the".
63. Section 36 repealed
Section 36 of the Principal Act is repealed.
36
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 20 - Monetary Penalties Enforcement Act 2005 Amended s. 64
64. Section 46 amended (Default in paying in
accordance with variation of payment notice)
Section 46 of the Principal Act is amended as
follows:
(a) by inserting "or issued with an MPCSO"
after "conditions notice";
(b) by inserting "or comply with the terms
of the MPCSO" after "with the notice";
(c) by inserting in paragraph (a) "or
MPCSO" after "the notice";
(d) by inserting in paragraph (a) "or
MPCSO" after "conditions";
(e) by inserting in paragraph (b) "or
MPCSO" after "the notice";
(f) by inserting in paragraph (b) "or
MPCSO" after "conditions".
65. Section 73 amended (Enforcement warrant to
enable seizure and sale of property)
Section 73 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) The Director may issue an
enforcement warrant to enable the
seizure and sale of property in
37
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 66 Part 20 - Monetary Penalties Enforcement Act 2005 Amended
which the enforcement debtor has
a legal interest from premises
identified in the database
available to the Director as being
occupied by the enforcement
debtor or, if the property is a
conveyance -
(a) the place identified in the
database available to the
Director as being the
place where the
conveyance is hangared,
parked or moored; or
(b) a public place.
(b) by inserting the following subsection
after subsection (3):
(3A) The Director may cancel an
enforcement warrant at any time.
(c) by inserting in subsection (4) "or the
warrant is cancelled" after "discharged".
66. Section 111 amended (Order of satisfaction of
monetary penalties)
Section 111(b) of the Principal Act is amended
by omitting "issued by the Magistrates Court".
38
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 21 - Motor Vehicle Traders Act 2011 Amended s. 67
PART 21 - MOTOR VEHICLE TRADERS ACT 2011
AMENDED
67. Principal Act
In this Part, the Motor Vehicle Traders Act
2011* is referred to as the Principal Act.
68. Section 50 amended (Warrant to enter premises)
Section 50 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "justice
of the peace" and substituting
"magistrate";
(b) by omitting from subsection (2) "justice
of the peace" and substituting
"magistrate";
(c) by omitting from subsection (4)(b)
"justice of the peace" and substituting
"magistrate".
69. Section 53 amended (Infringement notice)
Section 53 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)
"Commissioner" and substituting
"Director";
*No. 23 of 2011
39
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 69 Part 21 - Motor Vehicle Traders Act 2011 Amended
(b) by omitting subsection (6).
40
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 22 - Occupational Licensing Act 2005 Amended s. 70
PART 22 - OCCUPATIONAL LICENSING ACT 2005
AMENDED
70. Principal Act
In this Part, the Occupational Licensing Act
2005* is referred to as the Principal Act.
71. Sections 42 and 43 substituted
Sections 42 and 43 of the Principal Act are
repealed and the following sections are
substituted:
42. Term of licence
A practitioner's licence or a contractor's
licence may be granted for a period, not
exceeding 3 years, specified in the
licence.
43. Renewal of licence
The Administrator may, on application
by a licence holder who can show
continuing professional development
satisfactory to the Administrator, renew
the licence for a further period, not
exceeding 3 years.
*No. 47 of 2005
41
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 72 Part 23 - Prepaid Funerals Act 2004 Amended
PART 23 - PREPAID FUNERALS ACT 2004 AMENDED
72. Principal Act
In this Part, the Prepaid Funerals Act 2004* is
referred to as the Principal Act.
73. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
omitting subparagraph (iii) from paragraph (b) of
the definition of auditor and substituting:
(iii) the Institute of Public Accountants;
*No. 11 of 2004
42
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 24 - Property Agents and Land Transactions Act 2005 Amended s. 74
PART 24 - PROPERTY AGENTS AND LAND
TRANSACTIONS ACT 2005 AMENDED
74. Principal Act
In this Part, the Property Agents and Land
Transactions Act 2005* is referred to as the
Principal Act.
75. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
omitting paragraph (c) from the definition of
accountant and substituting:
(c) the Institute of Public Accountants in
Australia;
*No. 75 of 2005
43
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 76 Part 25 - Rail Safety Act 2009 Amended
PART 25 - RAIL SAFETY ACT 2009 AMENDED
76. Principal Act
In this Part, the Rail Safety Act 2009* is referred
to as the Principal Act.
77. Section 133 amended (Infringement notices)
Section 133 of the Principal Act is amended by
omitting subsection (7).
*No. 64 of 2009
44
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 26 - Resource Management and Planning Appeal Tribunal Act 1993 s. 78
Amended
PART 26 - RESOURCE MANAGEMENT AND
PLANNING APPEAL TRIBUNAL ACT 1993 AMENDED
78. Principal Act
In this Part, the Resource Management and
Planning Appeal Tribunal Act 1993* is referred
to as the Principal Act.
79. Section 14 amended (Parties to appeal before
Appeal Tribunal)
Section 14 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) For the purposes of subsection (1)(b), the
Board of the Environment Protection
Authority and a planning authority are
taken to be persons who made the
decision appealed against in the case of
an appeal against -
(a) a condition or restriction required
by the Board, under section
25(5)(a) of the Environmental
Management and Pollution
Control Act 1994, to be included
in a permit granted by the
planning authority; or
*No. 66 of 1993
45
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 80 Part 26 - Resource Management and Planning Appeal Tribunal Act 1993
Amended
(b) a direction by the Board, under
section 25(5)(b) of that Act, to
the planning authority to refuse to
grant a permit.
80. Section 28 amended (Costs)
Section 28 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "an
appeal" and substituting "proceedings";
(b) by omitting from subsection (2) "appeal"
second occurring and substituting
"proceedings";
(c) by omitting from subsection (3)(a)
"appeal appears" and substituting
"proceedings appear";
(d) by omitting from subsection (3)(d)
"appeal" and substituting "proceedings";
(e) by omitting from subsection (3)(d) "it"
and substituting "them";
(f) by omitting from subsection (3)(g)
"appeal" and substituting "proceedings";
(g) by inserting the following subsection
after subsection (7):
(8) The amendments to this section
made by the Justice and Related
46
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 26 - Resource Management and Planning Appeal Tribunal Act 1993 s. 80
Amended
Legislation (Further
Miscellaneous Amendments) Act
2012 apply in respect of a matter
that was before the Tribunal on
the day on which section 80 of
that Act commenced but in
respect of which a final decision
on costs had not been made.
47
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 81 Part 27 - Security and Investigations Agents Act 2002 Amended
PART 27 - SECURITY AND INVESTIGATIONS
AGENTS ACT 2002 AMENDED
81. Principal Act
In this Part, the Security and Investigations
Agents Act 2002* is referred to as the Principal
Act.
82. Section 30 amended (Audits)
Section 30(2)(a) of the Principal Act is amended
by omitting subparagraph (iii) and substituting
the following subparagraph:
(iii) the Institute of Public Accountants; and
83. Section 41 amended (Exemptions)
Section 41(1)(d) of the Principal Act is amended
by omitting "National Institute of Accountants"
and substituting "Institute of Public
Accountants".
*No. 19 of 2002
48
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 28 - Sentencing Act 1997 Amended s. 84
PART 28 - SENTENCING ACT 1997 AMENDED
84. Principal Act
In this Part, the Sentencing Act 1997* is referred
to as the Principal Act.
85. Section 27 amended (Breach of order suspending
sentence)
Section 27 of the Principal Act is amended by
omitting subsection (3) and substituting the
following subsection:
(3) The court may issue a warrant for the
arrest of the offender if -
(a) the offender fails to appear at the
hearing of the application; or
(b) the court is satisfied that
reasonable efforts to give the
offender notice of the application
have been made but those efforts
have been unsuccessful.
86. Section 36 amended (Breach of community service
order)
Section 36 of the Principal Act is amended by
omitting subsection (3) and substituting the
following subsection:
*No. 59 of 1997
49
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 87 Part 28 - Sentencing Act 1997 Amended
(3) The court may issue a warrant for the
arrest of the offender if -
(a) the offender fails to appear at the
hearing of the application; or
(b) the court is satisfied that
reasonable efforts to give the
offender notice of the application
have been made but those efforts
have been unsuccessful.
87. Section 42 amended (Breach of probation order)
Section 42 of the Principal Act is amended by
omitting subsection (3) and substituting the
following subsection:
(3) The court may issue a warrant for the
arrest of the offender if -
(a) the offender fails to appear at the
hearing of the application; or
(b) the court is satisfied that
reasonable efforts to give the
offender notice of the application
have been made but those efforts
have been unsuccessful.
50
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 28 - Sentencing Act 1997 Amended s. 88
88. Section 54A amended (Contravention of
rehabilitation program order)
Section 54A of the Principal Act is amended by
omitting subsection (3) and substituting the
following subsection:
(3) The court may issue a warrant for the
arrest of the offender if -
(a) the offender fails to appear at the
hearing of the application; or
(b) the court is satisfied that
reasonable efforts to give the
offender notice of the application
have been made but those efforts
have been unsuccessful.
89. Section 68 amended (Compensation order)
Section 68 of the Principal Act is amended by
omitting subsection (2).
90. Section 69 amended (Enforcement of compensation
order)
Section 69 of the Principal Act is amended as
follows:
(a) by omitting subsection (1);
(b) by omitting from subsection (2) "made
by a court of petty sessions";
51
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
s. 90 Part 28 - Sentencing Act 1997 Amended
(c) by omitting subsection (3) and
substituting the following subsection:
(3) If the amount payable under a
compensation order has been
deemed uncollectable in full or in
part under section 109 of the
Monetary Penalties Enforcement
Act 2005, the order -
(a) in the case of a
compensation order made
by the Supreme Court, is
taken to be a judgment of
the Supreme Court and is
enforceable under the
Supreme Court Civil
Procedure Act 1932; or
(b) in the case of a
compensation order made
by a court of petty
sessions, is taken to be a
judgment of the
Magistrates Court (Civil
Division) and is
enforceable under the
Magistrates Court (Civil
Division) Act 1992.
52
Justice and Related Legislation (Further Miscellaneous
Amendments) Act 2012
Act No. of
Part 29 - Repeal of Act s. 91
PART 29 - REPEAL OF ACT
91. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all of the
provisions of this Act commence.
Government Printer, Tasmania 53