Justice Legislation Miscellaneous Amendments Bill 2019 – Have your say

The Tasmanian Government is committed to ensuring that public consultation processes are open and transparent and we are seeking your input on proposed amendments to the Sentencing Act 1997, the Criminal Law (Detention and Interrogation) Act 1995 and the Criminal Code Act 1924.

The draft Justice Legislation Miscellaneous Amendments Bill 2019 (PDF, 301.1 KB) amends the Sentencing Act 1997 to:

  • provide a single justice with the power to remand or bail a person subject to a home detention order made by a magistrate, if the person has been arrested;
  • clarify the arrest provisions in relation to a person who is subject to a home detention order; and
  • provide a default period of 28 days within which fines and monetary penalties are to be paid, in the event that a judge does not specify a payment deadline in an order.

The Bill amends the Criminal Law (Detention and Interrogation) Act 1995 to specify that the requirement under section 4, for a person taken into custody to be brought before a justice or magistrate, does not apply to a person arrested under a Supreme Court warrant.

The Bill amends the Criminal Code Act 1924 to widen the definition of “sentence” to enable a deferred sentence to be appealable.

How to make a submission

We must receive all written submissions on the draft Justice Legislation Miscellaneous Amendments Bill 2019 by COB on 30th August 2019.

You can make your submission either online, by email or by post.

Submit online

your can upload only docx, doc or pdf and not larger than 10 MB

Important: By submitting your file, you agree to publish it on this website.

Email

Email your submission to haveyoursay@justice.tas.gov.au

Post

Mail your submission to:

Department of Justice
Office of the Secretary
GPO Box 825
Hobart TAS 7001

Publishing submissions

Other than indicated below, submissions will be treated as public information and will be published on the Department of Justice website.

Submissions will be published once the Government’s consideration of submissions has concluded.

No personal information other than an individual’s name or the organisation making a submission will be published.

For further information, please read the Tasmanian Government Public Submissions Policy (external link).

Important information to note

  1. Your name (or the name of the organisation) will be published unless you request otherwise.
  2. In the absence of a clear indication that a submission is intended to be treated as confidential (or parts of the submission), the Department will treat the submission as public.
  3. If you would like your submission treated as confidential, whether in whole or in part, please indicate this in writing at the time of making your submission, clearly identifying the parts of your submission you want to remain confidential and the reasons why. In this case, your submission will not be published to the extent of that request.
  4. Copyright in submissions remains with the author(s), not with the Tasmanian Government.
  5. The Department will not publish, in whole or in part, submissions containing defamatory or offensive material. If your submission includes information that could enable the identification of other individuals then either all or parts of the submission will not be published.

Accessibility of submissions

The Government recognises that not all individuals or groups are equally placed to access and understand information. We are therefore committed to ensuring Government information is accessible and easily understood by people with diverse communication needs.

Where possible, please consider typing your submission in plain English and providing it in a format such as Microsoft Word or equivalent.

The Government cannot, however, take responsibility for the accessibility of documents provided by third parties.

Important information to note

  1. Your name (or the name of the organisation) will be published unless you request otherwise.
  2. In the absence of a clear indication that a submission is intended to be treated as confidential (or parts of the submission), the Department will treat the submission as public.
  3. If you would like your submission treated as confidential, whether in whole or in part, please indicate this in writing at the time of making your submission, clearly identifying the parts of your submission you want to remain confidential and the reasons why. In this case, your submission will not be published to the extent of that request.
  4. Copyright in submissions remains with the author(s), not with the Tasmanian Government.
  5. The Department will not publish, in whole or in part, submissions containing defamatory or offensive material. If your submission includes information that could enable the identification of other individuals then either all or parts of the submission will not be published.

The Right to Information Act 2009 and confidentiality

Information provided to the Government may be provided to an applicant under the provisions of the Right to Information Act 2009 (RTI). If you have indicated that you wish all or part of your submission to be treated as confidential, your statement detailing the reasons may be taken into account in determining whether or not to release the information in the event of an RTI application for assessed disclosure. You may also be contacted to provide any further comment.