Justices Amendment Act 1999 (TAS)

Justices Amendment Act 1999

An Act to amend the Justices Act 1959

[Royal Assent 16 July 1999]

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:

1Short titleThis Act may be cited as the Justices Amendment Act 1999 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Justices Act 1959 is referred to as the Principal Act. 4Section 17 amended (Clerks of petty sessions) Section 17 of the Principal Act is amended as follows: (a) by omitting from subsection (2A) "A justice" and substituting "Subject to this section, a justice"; (b) by inserting the following subsections after subsection (2A) : (2B)  The Chief Magistrate may authorise a particular, or any, justice who holds the office or position of a clerk of petty sessions, deputy clerk of petty sessions or clerk in the office of a clerk of petty sessions to sit alone in a court of summary jurisdiction. (2C)  An authorisation under subsection (2B) is subject to any conditions specified in it. (2D)  A justice authorised under subsection (2B) may do one or more of the following: (a) adjourn to a later date proceedings before the justice; (b) if the prosecutor consents, admit the defendant to bail; (c) if the defendant has appeared before the justice in accordance with his or her bail, continue that bail to the date to which the proceedings are being adjourned; (d) where the justice continues a defendant’s bail and both the defendant and the prosecutor consent to a variation of the conditions to which that bail is subject, vary those conditions; (e) order the defendant to appear before justices on the date to which the proceedings are being adjourned. (2E)  An order under subsection (2D)(e) has the same effect as a summons in similar terms. (2F)  The Chief Magistrate may vary or revoke an authorisation made under subsection (2B) . (2G)  An authorisation under subsection (2B) and any variation or revocation of such an authorisation are to be in writing. 5Section 34 amended (Power of police officers, &c., to admit to bail) Section 34 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "offence or breach of duty" and substituting "offence, for a breach of duty, pursuant to a warrant issued by a justice under section 12 of the Bail Act 1994 "; (b) by omitting from subsection (2) "order or in respect of an offence constituted by a breach of a restraint order, interim restraint order or telephone interim restraint order," and substituting "order,". 6Section 77 amended (Costs) Section 77 of the Principal Act is amended by omitting subsection (3) and substituting the following subsections: (3)  Where costs are allowed under subsection (1) or subsection (2) they shall be assessed by the justices or, when directed by the justices, by the clerk of petty sessions. (3A)  When costs are assessed by the clerk of petty sessions, the clerk must have regard to the same matters as justices would have regard to if the justices were assessing the costs, including the amount that could have been awarded in respect of witnesses’ expenses under section 45 . 7Section 106A amended (Interpretation of Part XA) Section 106A(1) of the Principal Act is amended as follows: (a) by inserting the following definition before the definition of facsimile copy : external restraint order means an order made by a court of another State, a Territory of the Commonwealth or New Zealand which has been made to prevent a person from acting in a manner specified in section 106B (1) ; (b) by omitting the definition of interstate restraint order ; (c) by omitting the definition of registered interstate restraint order and substituting the following definition: registered external restraint order means an external restraint order which has been registered under section 106GB (1) (a) or (3) ; 8Section 106B amended (Restraint orders) Section 106B of the Principal Act is amended as follows: (a) by omitting subsection (4AAB) and substituting the following subsection: (4AAB)  In deciding whether or not to make a restraint order, the justices  – (a) must consider the protection and welfare of the person for whose benefit the order is sought to be of paramount importance; and (b) must consider whether access between the person for whose benefit the order is sought, or the person against whom the order is sought, and any child who is a member of the family of either of those persons is relevant to the making of the restraint order; and (c) must consider any relevant family contact order of which the justices have been informed. (b) by omitting subsections (4A) and (5) and substituting the following subsections: (4A)  In determining the nature of the orders which may be included in a restraint order, the justices hearing the application for the order must consider the protection and welfare of the person for whose benefit the order is sought to be of paramount importance. (4B)  Without limiting the nature of the orders which may be included in a restraint order, the justices hearing the application for the order may include in the restraint order one or more of the following orders: (a) an order directing the person against whom the order is made to vacate premises, restraining that person from entering premises, or limiting that person’s access to premises, whether or not that person has a legal or equitable interest in the premises; (b) an order prohibiting or restricting the possession by the person against whom the order is made of all or any firearms specified in the order or directing the forfeiture or disposal of any firearms in the possession of that person; (c) an order prohibiting the person against whom the order is made from stalking the person for whose benefit the order is made; (d) an order prohibiting the person against whom the order is made from causing another person to engage in conduct restrained by justices. (5)  Before making an order of a kind referred to in subsection (4B)(a) , the justices must consider – (a) the effect of making or declining to make the order on the accommodation of the persons affected by the proceedings; and (b) the effect of making or declining to make the order on any children of, or in the care of, the persons affected by the proceedings; and (c) the need for suitable arrangements to be made to allow the person against whom the order is sought to take possession of personal property on the premises. 9Section 123A insertedAfter section 123 of the Principal Act , the following section is inserted in Division 5: 123ABail where appeal to Full Court If an appeal is made to the Full Court under section 123 , the Full Court may, on the application of the appellant, make an order for bail for the appellant or refuse bail. 10Section 138 amended (Power to order delivery of possession of goods in custody of police officer) Section 138(1) of the Principal Act is amended by omitting "property, he" and substituting "property or the owner of the property is not known or cannot be found, the officer". 11Substitutions with respect to external restraint ordersEach of the provisions of the Principal Act specified in Column 1 of Schedule 1 is amended by omitting "interstate" on the number of occurrences specified in Column 2 of that Schedule and substituting "external". Schedule 1Substitutions with respect to external restraint orders

Section 11

Column 1

Provision amended

Column 2

Number of occurrences

Section 106GA(1)

1

Section 106GA(2)(b)

1

Section 106GA(2)(c)

1

Section 106GB(1)(a)

1

Section 106GB(1)(b)

1

Section 106GB(2)

1

Section 106GB(3)

1

Section 106GB(4)

2

Section 106GB(5)

1

Section 106GB(6)

1

Section 106GD(1)(a)

1

Section 106GD(1)(b)

1

Section 106GD(1)(c)

1

Section 106GD(2)(a)

1

Section 106GD(2)(b)

1

Section 106GD(2)(c)

1

Section 106GD(2A)

1

Section 106GD(4)

1

Section 106GD(5)

1

Section 106GD(6)

1

Section 106GE

1

[Second reading presentation speech made in:

House of Assembly on 21 APRIL 1999

Legislative Council on 30 JUNE 1999]