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TASMANIA
__________
JUSTICE LEGISLATION MISCELLANEOUS
AMENDMENTS BILL 2019
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - CRIMINAL CODE ACT 1924 AMENDED
3. Principal Act
4. Schedule 1 amended (Criminal Code)
PART 3 - CRIMINAL LAW (DETENTION AND INTERROGATION)
ACT 1995 AMENDED
5. Principal Act
6. Section 4 amended (Detention of person in custody)
PART 4 - SENTENCING ACT 1997 AMENDED
7. Principal Act
8. Section 42AL amended (Power of arrest)
9. Section 44 amended (Period for payment of fine)
PART 5 - CONCLUDING PROVISION
10. Repeal of Act
[Bill 39]-XI
2
JUSTICE LEGISLATION MISCELLANEOUS
AMENDMENTS BILL 2019
(Brought in by the Minister for Justice, the Honourable Elise
Nicole Archer)
A BILL FOR
An Act to amend the Sentencing Act 1997, the Criminal
Law (Detention and Interrogation) Act 1995 and the
Criminal Code
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 Legislation
Miscellaneous Amendments Act 2019.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 39] 3
Justice Legislation Miscellaneous Amendments Act 2019
Act No. of 2019
s. 3 Part 2 - Criminal Code Act 1924 Amended
PART 2 - CRIMINAL CODE ACT 1924 AMENDED
3. Principal Act
In this Part, the Criminal Code Act 1924* is
referred to as the Principal Act.
4. Schedule 1 amended (Criminal Code)
Schedule 1 to the Principal Act is amended as
follows:
(a) by inserting the following subparagraph
before subparagraph (ii) in section
401(3)(a):
(i) an order under section 7(eb) of
the Sentencing Act 1997 deferring
the sentencing of the person in
accordance with Division 1 of
Part 8 of that Act or altering the
date to which the sentencing of
the person is deferred under such
an order; and
(b) by inserting in paragraph (b) of section
401(3) "and an order under section 7(eb)
of the Sentencing Act 1997 deferring the
sentencing of the person in accordance
with Division 1 of Part 8 of that Act or
altering the date to which the sentencing
of the person is deferred under such an
order" after "Sentencing Act 1997".
_______________________________________________________________
*No. 69 of 1924
4
Justice Legislation Miscellaneous Amendments Act 2019
Act No. of 2019
Part 3 - Criminal Law (Detention and Interrogation) Act 1995 Amended s. 5
PART 3 - CRIMINAL LAW (DETENTION AND
INTERROGATION) ACT 1995 AMENDED
5. Principal Act
In this Part, the Criminal Law (Detention and
Interrogation) Act 1995* is referred to as the
Principal Act.
6. Section 4 amended (Detention of person in custody)
Section 4(1) of the Principal Act is amended by
inserting ", other than under a warrant issued by
a judge of the Supreme Court," after "person
taken into custody".
_______________________________________________________________
*No. 72 of 1995
5
Justice Legislation Miscellaneous Amendments Act 2019
Act No. of 2019
s. 7 Part 4 - Sentencing Act 1997 Amended
PART 4 - SENTENCING ACT 1997 AMENDED
7. Principal Act
In this Part, the Sentencing Act 1997* is referred
to as the Principal Act.
8. Section 42AL amended (Power of arrest)
Section 42AL of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (3):
(3A) If an offender to whom a home
detention order made by a court
of petty sessions relates is
arrested by a police officer under
a warrant issued under
subsection (1) or (3) -
(a) the police officer is, as
soon as practicable, to
bring the offender before
a justice or a magistrate;
and
(b) a justice or a magistrate
may remand the offender
in custody, or admit the
offender to bail, to appear
before the court, at a time
specified by the justice or
_______________________________________________________________
*No. 59 of 1997
6
Justice Legislation Miscellaneous Amendments Act 2019
Act No. of 2019
Part 4 - Sentencing Act 1997 Amended s. 8
magistrate, so that the
application under this Part
or the breach of a
condition of the order, in
relation to which the
warrant was issued, may
be dealt with.
(b) by omitting paragraphs (a) and (b) from
subsection (5) and substituting the
following paragraphs:
(a) as soon as practicable, the
offender is -
(i) if the order was made by
the Supreme Court - to be
brought before the
Supreme Court; or
(ii) if the order was made by a
court of petty sessions -
to be brought before a
justice or a magistrate -
unless the offender is released by
a police officer unconditionally;
and
(b) a police officer may release the
offender unconditionally; and
(c) by inserting in subsection (5)(d) ", justice
or magistrate" after "a court";
(d) by inserting in subsection (5)(d) "that
made the order," after "before the court";
7
Justice Legislation Miscellaneous Amendments Act 2019
Act No. of 2019
s. 9 Part 4 - Sentencing Act 1997 Amended
(e) by inserting in subsection (5)(d) "justice
or magistrate, respectively," after "the
court,".
9. Section 44 amended (Period for payment of fine)
Section 44 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(2A) If a court that orders an offender to pay a
fine does not order that the fine be paid
within a period of 28 days or less, the
court is to be taken to have ordered that
the fine be paid within a period of 28
days.
8
Justice Legislation Miscellaneous Amendments Act 2019
Act No. of 2019
Part 5 - Concluding Provision s. 10
PART 5 - CONCLUDING PROVISION
10. Repeal of Act
This Act is repealed on the first anniversary of
the day on which the last uncommenced
provision of this Act commenced.