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Department of Justice

Community consultation

Crime (Confiscation of Profits) Act 1993 Review

Crime (Confiscation of Profits) Act 1993 Review

Section 204 of the Crime (Confiscation of Profits) Act 1993 (the Act) requires that an independent review of the operation of Part 9 of the Act is to be undertaken as soon as practicable after the third anniversary of its commencement. Part 9 of the Act commenced on 1 March 2014.

The intention of Part 9 of the Act is:

  • to deter organised crime by targeting the ‘profit’ and removing the funds which would otherwise be available for use in further criminal activities;
  • to target people who organise and derive profit from crime and whose wealth exceeds the value of their lawful earnings but who may be difficult to prosecute and convict of specific crimes or offence;
  • to provide for unexplained wealth declarations to be made without having to prove that the respondent has engaged in specific criminal activity or prove a link between the commission of a specific offence and the person’s wealth;
  • to introduce non-conviction based civil forfeiture laws involving a presumption that respondents have not lawfully acquired their wealth unless they prove otherwise.

The review is to assess:

  1. What has been achieved under the new provisions in Part 9 of the Act including the number of proceedings and the quantum obtained from unexplained wealth declarations made under that Part;  
  2. Whether the interaction between criminal proceedings and civil proceedings under Part 9 of the Act are operating effectively and as intended;
  3. Any deficiencies or unintended consequences of and/or impediments to the implementation of Part 9 of the Act; and
  4. Any proposed improvements to Part 9 of the Act, including any recommendations for law reform of the Act or any other legislation that is necessary for the implementation of Part 9 of the Act.

Independent Reviewer

Damian Bugg AM QC has been appointed as the Independent Reviewer to undertake this Review.

The Independent Reviewer is calling for written submissions from interested parties to enable consideration of the matters detailed above.

The Independent Reviewer will be responsible for determining the confidentiality of any written submissions.

Making a submission

Written submissions may be forwarded to review@justice.tas.gov.au or mailed to:

The Independent Reviewer
PO Box 825
Hobart Tasmania 7001

Submitters should indicate whether their written submission is being made in confidence, in full or in part, and the basis for the request to be treated in confidence. Submitters are also invited to indicate whether the party making the submission wishes to make oral submissions to the Independent Reviewer. These will be taken in private.

Submissions must be received by Monday 22 May 2017.

Report

The report on the outcome of the Review is to be tabled in each House of Parliament within 10 sitting days of that House after the review is completed.

Code of practice for fuel price boards

Code of Practice: Fuel Price Boards

The Government is seeking your feedback on a proposed change to ensure our servos display standard retail fuel prices.

Proposed Code

The proposed Code of Practice for Fuel Price Boards ensures

  • that the price advertised on fuel price boards is the standard retail price, rather than a discounted price only available in limited circumstances and
  • that the price on the price board is the same as the one displayed on the bowser.

Download the proposed Code

Australian Consumer Law (Tasmania) (Code of Practice for Fuel Price Boards) Regulations 2017 (pdf, 223.5 KB)

Comment period

Please send your comments to the Department of Justice by Friday 19 May 2017. Email submissions are preferred.

Submissions seeking to be treated as confidential should be clearly marked as ‘confidential’.

Email

cbosinfo@justice.tas.gov.au

Mail

Consumer, Building and Occupational Services
PO Box 56
Rosny Park, TAS 7018

Planning Amendments Bill

Planning amendments bill

The Government is seeking your feedback on several amendments that will help plan for Tasmania’s future land use needs.

Land Use Planning and Approvals Amendment (Tasmanian Planning Policies) Bill 2017

The Land Use Planning and Approvals Amendment (Tasmanian Planning Policies) Bill 2017 introduces several updates to the Land Use Planning and Approvals Act 1993, including:

  • establishing the mechanism to create Tasmanian Planning Policies (TPPs) that will provide strategic direction on land use planning;
  • ensuring that the TPPs are consistent with state policies;
  • ensuring regional land use strategies are in line with the TPPs; and
  • ensuring planning controls – both the State Planning Provisions and the Local Provisions Schedules – are consistent with the TPPs.

Feedback from local government and other stakeholders has indicated that these amendments will address widely recognised gaps in the current planning system.

Now we’re asking you to have your say on the amendments.

Download the draft Land Use Planning and Approvals Amendment (Tasmanian Planning Policies) Bill 2017 (pdf, 378.6 KB)

Additional documents

We have provided these examples only to aid in your review of the draft bill. They are not intended for consultation at this time.

Comment period

Please send your comments on the draft bill to the Department of Justice by Monday, 15 May 2017. Email submissions are preferred.

If you wish your submission to be treated as confidential please clearly mark it as ‘confidential’.

Email

planning.unit@justice.tas.gov.au

Mail

Department of Justice
Office of Strategic Legislation and Policy
GPO Box 825
Hobart TAS 7001

Sentencing amendment legislation

Sentencing amendment legislation

The Government is seeking your feedback on a draft Bill to amend the Sentencing Act 1997.

The draft Bill establishes a mandatory minimum sentencing scheme in relation to serious sexual offences against children.

The draft Bill introduces mandatory minimum sentences for offenders who commit the crimes of maintain sexual relationship with a young person and sexual intercourse with a young person in circumstances of aggravation and the crime of rape where the victim is under 17 years of age.

Download the Sentencing Act Amendment (Mandatory Sentencing for Serious Sexual Offences Against Children) Bill 2017 (pdf, 196.5 KB).

Comment period

Please send your comments on the Bill to the Department of Justice by Friday 21 April 2017.

Email

Legislation.Development@justice.tas.gov.au

Mail

Department of Justice
Office of Strategic Legislation and Policy
GPO Box 825
Hobart TAS 7001

Integrity Commission Amendments

Integrity Commission Amendments

The Government is seeking your feedback on several amendments to the Integrity Commission Act 2009.

Integrity Commission Amendment Bill 2017

The Integrity Commission Act 2009 includes a process of independent review to ensure the Commission is functioning efficiently and effectively.

A report developed during a recent review has made multiple recommendations for various operational and administrative changes.

The Integrity Commission Amendment Bill 2017 includes solutions for the first six of those recommendations.

The Government’s response to the remaining recommendations will be implemented later in 2017.

Download draft bill: Integrity Commission Amendment Bill 2017 (pdf, 193.1 KB)

Comment period

Please send your comments on the draft bill to the Department of Justice by Thursday, 13 April 2017. Email submissions are preferred.

Submissions seeking to be treated as confidential should be clearly marked as ‘confidential’.

Email

Legislation.Development@justice.tas.gov.au

Mail

Department of Justice
Office of Strategic Legislation and Policy
GPO Box 825
Hobart TAS 7001

Magistrates Court (Criminal and General Division) Project

Magistrates Court (Criminal and General Division) Project

The Government is seeking your feedback on four new Bills that have been developed to replace the Justices Act 1959.

The Bills are scheduled for tabling in late May 2017. There will be at least 12 months between Royal Assent and proclamation to allow for all the necessary administrative changes to be made and for necessary Rules and Regulations to be completed.

The Bills are as follows:

Magistrates Court (Criminal and General Division) Bill 2017

This Bill establishes the “high level” framework for the criminal and general jurisdiction of the Magistrates Court.

In addition to restating essential features of the Justices Act, this Bill provides legislative foundation for a number of initiatives, procedural changes and changes to the law, including the following:

  • The Bill no longer refers to “justices” but rather to a “Magistrate”, a “bench justice” or an “authorised justice”, as the case requires.  Each of those persons has expressly defined powers and is capable of constituting the “Court” in different circumstances.
  • The Bill provides that summary proceedings will commence by lodgement of a “court attendance notice” instead of a “charge sheet” or “complaint”. This will consolidate procedures by allowing criminal prosecutions to commence by way of a single originating document.  This model has worked successfully in New South Wales.
  • The Bill includes a new framework for disclosure of prosecution evidence in summary offences.  This will ensure that a defendant receives free disclosure of the case against them at the earliest opportunity.  The disclosure provisions for indictable offences remain unchanged as they were agreed on by stakeholders and have been operating successfully since commencement in 2009.
  • The Bill includes an obligation on a defendant to provide notice of an alibi and admissible opinion evidence similar to the requirements currently in the Criminal Code Act 1924.
  • The Bill gives a specific statutory basis to case management procedures and sentence indication powers designed to promote the just and efficient determination of matters.
  • The Bill increases the property value threshold for minor property crimes and electable property offences to $50,000.
  • The Bill includes a detailed scheme for electing to have offences dealt with either by the Magistrates Court or the Supreme Court.
  • The Bill makes express provision for a defendant to attend court by audio or video link.
  • The Bill includes a prohibition on the publication of any evidence, an account of, or any information connected with the preliminary proceedings without the leave of the Court.

Download the Magistrates Court (Criminal and General Division) Bill 2017 (pdf, 1.3 MB)

Magistrates Court (Criminal and General Division) Rules are being developed to provide for electronic filing of applications, service of process and other similar procedural matters. The Rules will commence when the relevant legislation commences.

Restraint Orders Bill 2017

This Bill replaces Part XA of the Justices Act 1959. While the basic principles behind that Part are retained, the new Bill up-dates provisions and improves the operation and availability of restraint orders for the protection of individuals in the community.

Restraint Order Rules are being developed to provide for electronic filing of applications, service of process and other similar procedural matters. The Rules will commence when the relevant legislation commences.

Download the Restraint Orders Bill 2017 (pdf, 499.5 KB)

Justices of the Peace Bill 2017

This Bill replaces Part II of the Justices Act 1959. Part III Extra-Territorial Justices is not being replaced as section 5 of the Oaths Act 2001 provides for attestation by justice in other jurisdictions.

The Bill is far more comprehensive than the current provisions. It sets out eligibility criteria and the duties of a Justice of the Peace to undergo specified training, be reasonably available and active, comply with the code of conduct and inform the Secretary of any relevant change in his or her personal circumstances. The Bill also contains specific provisions on the suspension or removal from office of a Justice of the Peace.

The Bill provides that if a current Justice of the Peace is eligible and notifies the Secretary in writing that he or she wishes to continue in the office then he or she will be taken to have been appointed as a Justice of the Peace under the new legislation.

Download the Justices of the Peace Bill 2017 (pdf, 443.9 KB)

Magistrates Court (Criminal and General Division – Consequential Amendments) Bill 2017

This Bill contains the major amendments to other legislation consequential on the replacement of the Court of Petty Sessions by the Magistrates Court (Criminal and General) Division. The following Acts are amended:

  • Bail Act
  • Consumer Affairs Act
  • Coroners Act
  • Family Violence Act
  • Magistrates Court Act 1984
  • Supreme Court Civil Procedure Act

Download the Magistrates Court (Criminal and General Division – Consequential Amendments) Bill 2017 (pdf, 375.6 KB)


Comment period

Please send your comments on the Bill to the Department of Justice by 31 March 2017.

Email

Legislation.Development@justice.tas.gov.au

Mail

Department of Justice
Office of Strategic Legislation and Policy
GPO Box 825
Hobart TAS 7001

Quad Bike Safety Taskforce

Quad Bike Safety

The Government is seeking your feedback on the Issues Paper Quad Bike Safety in Tasmania.

Issues paper

The paper identified the following key areas for potential action to improve quad bike safety in Tasmania;

  • Increasing rider awareness of risks
  • Improving rider skills
  • Greater rider protection
  • Government-led action

Download paper: Quad Bike Safety in Tasmania (pdf, 507.4 KB)

Comment period

The period for commenting has now closed.

Email

cbosinfo@justice.tas.gov.au

Mail

Consumer, Building and Occupational Services
PO Box 56
Rosny Park TAS 7018

Closed consultations

Inactive consultations


Reviews more than 5 years old have been archived. If you require any information regarding these please contact us at web.support@justice.tas.gov.au and we can offer assistance.

Evidence and Criminal Law amendment legislation

Evidence and Criminal law amendment legislation

The Government is seeking your feedback on a draft Bill to amend the Criminal Code Act 1924 and Evidence Act 2001.

The draft Bill amends the Criminal Code Act 1924 to:

  • establish a presumption that when two or more charges for sexual offences are joined together in the same indictment those charges are to be tried together; and
  • provide that this presumption is not rebutted merely because evidence on one charge is inadmissible in relation to another charge.

The draft Bill also amends the Evidence Act 2001 to provide that the issue of concoction, contamination and suggestion is not relevant to the admissibility of tendency and coincidence evidence under sections 97 and 98 of the Act.

Download the Evidence and Related Legislation Amendment Bill 2017 (pdf, 223.2 KB).

Comment period

Please send your comments on the Bill to the Department of Justice by Friday 30 June 2017.

Email

legislation.development@justice.tas.gov.au

Mail

Department of Justice

Office of Strategic Legislation and Policy

GPO Box 825

Hobart TAS 7001

Dangerous driving legislation

Dangerous driving legislation

The Government is seeking your feedback on the Criminal Code Amendment (Dangerous Driving) Bill 2017.
The Bill will:

  • transfer dangerous driving from the Traffic Act 1925 to the Criminal Code Act 1924;
  • increase the maximum sentences of imprisonment for negligent driving causing death and grievous bodily harm; and
  • provide for more alternative convictions.

Download the Criminal Code Amendment (Dangerous Driving) Bill 2017. (pdf, 271.6 KB)

Comment period

Please send your comments on the Bill to the Department of Justice by 28 July 2017.


Email

legislation.development@justice.tas.gov.au

Mail

Department of Justice
Office of Strategic Legislation and Policy
GPO Box 825
Hobart TAS 7001