{"id":"BILL-TAS--2-2025-39-of-2025","name":"Justice and Related Legislation (Miscellaneous Amendments) Bill (No. 2) 2025","slug":"justice-and-related-legislation-miscellaneous-amendments-bill-no-2-2025","collection":"bill","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-01-01","administeringDepartment":null,"currentVersion":{"id":446192,"registerId":"BILL-TAS--2-2025-39-of-2025:current","compilationNumber":null,"startDate":"2025-01-01","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:48:29.726Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Justice and Related Legislation (Miscellaneous Amendments) Bill (No. 2) 2025\n\n[Bill 39]-IX\nTASMANIA\n__________\nJUSTICE AND RELATED LEGISLATION\n(MISCELLANEOUS AMENDMENTS) BILL (No. 2)\n2025\n__________\nCONTENTS\nPART 1 – PRELIMINARY\n1. Short title\n2. Commencement\n3. Repeal of Act\nPART 2 – CRIMINAL CODE ACT 1924 AMENDED\n4. Principal Act\n5. Schedule 1 amended (Criminal Code)\nPART 3 – DANGEROUS CRIMINALS AND HIGH RISK OFFENDERS\nACT 2021 AMENDED\n6. Principal Act\n7. Section 37 amended (Interim HRO orders)\nPART 4 – ELECTORAL ACT 2004 AMENDED\n8. Principal Act\n9. Section 186 amended (Offences relating to voting)\nPART 5 – EVIDENCE ACT 2001 AMENDED\n10. Principal Act\n11. Section 194M amended (Evidence relating to sexual experience)\n\n2\nPART 6 – FAMILY VIOLENCE ACT 2004 AMENDED\n12. Principal Act\n13. Section 29D amended (Review of declaration of serial family\nviolence perpetrator)\nPART 7 – FORENSIC PROCEDURES ACT 2000 AMENDED\n14. Principal Act\n15. Section 63 amended (Disclosure of information)\n16. Section 63 further amended (Disclosure of information)\nPART 8 – GAS SAFETY ACT 2019 AMENDED\n17. Principal Act\n18. Section 3 amended (Interpretation)\nPART 9 – HEALTH COMPLAINTS ACT 1995 AMENDED\n19. Principal Act\n20. Section 3 amended (Interpretation)\n21. Schedule 1 amended (Health Services)\nPART 10 – INTEGRITY COMMISSION ACT 2009 AMENDED\n22. Principal Act\n23. Section 23 amended (Joint Standing Committee on Integrity)\n24. Schedule 5 amended (Meetings of Joint Standing Committee on\nIntegrity)\nPART 11 – JUSTICES ACT 1959 AMENDED\n25. Principal Act\n26. Section 71 amended (Petty crimes triable summarily)\n27. Section 72 amended (Other crimes triable summarily)\nPART 12 – JUSTICES OF THE PEACE ACT 2018 AMENDED\n28. Principal Act\n29. Section 5 amended (Appointment of justice)\n30. Section 6 substituted\n6. Exercise of powers\n\n3\n31. Section 7 amended (Application for reappointment as appointed\njustice)\n32. Section 8 amended (Reappointment as Justice of the Peace)\n33. Section 12 amended (Validity of acts of justice)\n34. Section 16 amended (Providing information to Secretary)\n35. Section 38 amended (Register of justices)\nPART 13 – OCCUPATIONAL LICENSING ACT 2005 AMENDED\n36. Principal Act\n37. Schedule 2 amended (Occupations, Trades and Callings to\nWhich this Act Applies)\n\n4\n\n[Bill 39] 5\nJUSTICE AND RELATED LEGISLATION\n(MISCELLANEOUS AMENDMENTS) BILL (No. 2)\n2025\nThis Public Bill originated in the House of Assembly, and, having this day passed, is\nnow ready for presentation to the Legislative Council for its concurrence.\nLAURA ROSS, Clerk of the House\n19 May 2026\n(Brought in by the Minister for Justice, Corrections and\nRehabilitation, the Honourable Guy Barnett)\nA BILL FOR\nAn Act to amend the Criminal Code Act 1924, Dangerous\nCriminals and High Risk Offenders Act 2021, Electoral Act\n2004, Evidence Act 2001, Family Violence Act 2004,\nForensic Procedures Act 2000, Gas Safety Act 2019, Health\nComplaints Act 1995, Integrity Commission Act 2009,\nJustices Act 1959, Justices of the Peace Act 2018 and the\nOccupational Licensing Act 2005\nBe it enacted by Her Excellency the Governor of Tasmania, by\nand with the advice and consent of the Legislative Council and\nHouse of Assembly, in Parliament assembled, as follows:\nPART 1 – PRELIMINARY\n1. Short title\nThis Act may be cited as the Justice and Related\nLegislation (Miscellaneous Amendments) Act\n(No. 2) 2025.\n\nJustice and Related Legislation (Miscellaneous Amendments) Act\n(No. 2) 2025\nAct No. of 2025\ns. 2 Part 1 – Preliminary\n6\n2. Commencement\nThis Act commences on the day on which this\nAct receives the Royal Assent.\n3. Repeal of Act\nThis Act is repealed on the first anniversary of\nthe day on which it commenced.\n\nJustice and Related Legislation (Miscellaneous Amendments) Act\n(No. 2) 2025\nAct No. of 2025\nPart 2 – Criminal Code Act 1924 Amended s. 4\n7\nPART 2 – CRIMINAL CODE ACT 1924 AMENDED\n4. Principal Act\nIn this Part, the Criminal Code Act 1924* is\nreferred to as the Principal Act.\n5. Schedule 1 amended (Criminal Code)\nSchedule 1 to the Principal Act is amended as\nfollows:\n(a) by inserting the following subsection\nafter subsection (2) in section 2B:\n(3) This section is to be taken to be in\nforce from 4 April 1924.\n(b) by inserting the following subsection\nbefore subsection (1) in section 14A:\n(1AA) In this section –\nrelevant sexual offence\nmeans –\n(a) an offence against section\n124, 124A, 124B, 124C,\n125A, 125B, 125C, 126,\n127 or 185; or\n(b) an offence against section\n170A, in respect of\n_______________________________________________________________\n*No. 69 of 1924\n\nJustice and Related Legislation (Miscellaneous Amendments) Act\n(No. 2) 2025\nAct No. of 2025\ns. 5 Part 2 – Criminal Code Act 1924 Amended\n8\nparticulars alleging\noffences against\nsection 124, 125B, 126,\n127 or 185.\n(c) by omitting from section 14A(1) “an\noffence against section 124, 125B, 127 or\n185” and substituting “a relevant sexual\noffence”;\n(d) by omitting from section 14A(2) “an\noffence against section 124, 125B or\n185” and substituting “a relevant sexual\noffence”;\n(e) by omitting from section 14A(2)(b)\n“section 124, 125B or 185” and\nsubstituting “section 124, 124A, 124B,\n124C, 125A, 125B, 125C, 126, 127 or\n185”;\n(f) by omitting “Criminal Code Amendment\n(Sexual Assault) Act 2017;” from the\ndefinition of amending Act in section\n461(1) and substituting “Criminal Code\nAmendment (Sexual Assault) Act 2017.”;\n(g) by omitting the definition of relevant\namendments from section 461(1);\n(h) by omitting subsection (2) from section\n461;\n(i) by inserting the following section after\nsection 465:\n\nJustice and Related Legislation (Miscellaneous Amendments) Act\n(No. 2) 2025\nAct No. of 2025\nPart 2 – Criminal Code Act 1924 Amended s. 5\n9\n466. Application of Justice and Related\nLegislation (Miscellaneous\nAmendments) Act (No. 2) 2025\nThe amendment, to section 2B of\nthis Act, made by section 5 of the\nJustice and Related Legislation\n(Miscellaneous Amendments) Act\n(No. 2) 2025 does not apply in\nrespect of proceedings\ndetermined before the\ncommencement of that Act.\n\nJustice and Related Legislation (Miscellaneous Amendments) Act\n(No. 2) 2025\nAct No. of 2025\ns. 6 Part 3 – Dangerous Criminals and High Risk Offenders Act 2021 Amended\n10\nPART 3 – DANGEROUS CRIMINALS AND HIGH RISK\nOFFENDERS ACT 2021 AMENDED\n6. Principal Act\nIn this Part, the Dangerous Criminals and High\nRisk Offenders Act 2021* is referred to as the\nPrincipal Act.\n7. Section 37 amended (Interim HRO orders)\nSection 37(1)(b) of the Principal Act is amended\nby omitting “would, if proved, justify” and\nsubstituting “would be likely, if proved, to\njustify”.\n_______________________________________________________________\n*No. 2 of 2021\n\nJustice and Related Legislation (Miscellaneous Amendments) Act\n(No. 2) 2025\nAct No. of 2025\nPart 4 – Electoral Act 2004 Amended s. 8\n11\nPART 4 – ELECTORAL ACT 2004 AMENDED\n8. Principal Act\nIn this Part, the Electoral Act 2004* is referred\nto as the Principal Act.\n9. Section 186 amended (Offences relating to voting)\nSection 186(1) of the Principal Act is amended\nby omitting paragraph (n) and substituting the\nfollowing paragraphs:\n(n) vote at an Assembly election after having\nvoted at an election in respect of another\ndivision of the Assembly held\ncontemporaneously with the first-\nmentioned Assembly election; or\n(o) vote at a Council election after having\nvoted at an election in respect of another\ndivision of the Council held\ncontemporaneously with the first-\nmentioned Council election.\n_______________________________________________________________\n*No. 51 of 2004\n\nJustice and Related Legislation (Miscellaneous Amendments) Act\n(No. 2) 2025\nAct No. of 2025\ns. 10 Part 5 – Evidence Act 2001 Amended\n12\nPART 5 – EVIDENCE ACT 2001 AMENDED\n10. Principal Act\nIn this Part, the Evidence Act 2001* is referred to\nas the Principal Act.\n11. Section 194M amended (Evidence relating to sexual\nexperience)\nSection 194M(1) of the Principal Act is amended\nby inserting “section 170A,” after “charged\nunder”.\n_______________________________________________________________\n*No. 76 of 2001\n\nJustice and Related Legislation (Miscellaneous Amendments) Act\n(No. 2) 2025\nAct No. of 2025\nPart 6 – Family Violence Act 2004 Amended s. 12\n13\nPART 6 – FAMILY VIOLENCE ACT 2004 AMENDED\n12. Principal Act\nIn this Part, the Family Violence Act 2004* is\nreferred to as the Principal Act.\n13. Section 29D amended (Review of declaration of\nserial family violence perpetrator)\nSection 29D of the Principal Act is amended as\nfollows:\n(a) by inserting the following subsection\nafter subsection (1):\n(1A) A police officer of the rank of\nsergeant or above, or a person\nauthorised by the Commissioner\nof Police, may make an\napplication to a court or judge (a\nreview application) for a review\nof a declaration, made by a\nmagistrate, of an offender as a\nserial family violence perpetrator.\n(b) by inserting in subsection (4)(a) “or\nsubsection (1A)” after “subsection (1)”;\n(c) by omitting paragraph (b) from\nsubsection (4) and substituting the\nfollowing paragraph:\n_______________________________________________________________\n*No. 67 of 2004\n\nJustice and Related Legislation (Miscellaneous Amendments) Act\n(No. 2) 2025\nAct No. of 2025\ns. 13 Part 6 – Family Violence Act 2004 Amended\n14\n(b) a review application under\nsubsection (2) is to be served on\nthe following persons:\n(i) if the review application\nis made in relation to a\ndeclaration made by a\njudge, the DPP;\n(ii) if the review application\nis made in relation to a\ndeclaration made by a\nmagistrate, the\nCommissioner of Police.\n\nJustice and Related Legislation (Miscellaneous Amendments) Act\n(No. 2) 2025\nAct No. of 2025\nPart 7 – Forensic Procedures Act 2000 Amended s. 14\n15\nPART 7 – FORENSIC PROCEDURES ACT 2000\nAMENDED\n14. Principal Act\nIn this Part, the Forensic Procedures Act 2000*\nis referred to as the Principal Act.\n15. Section 63 amended (Disclosure of information)\nSection 63 of the Principal Act is amended by\ninserting after subsection (3) the following\nsubsection:\n(3A) For the avoidance of doubt, a reference\nto an offence in subsection (3) is a\nreference to an offence under the law of\nthis State, or the law of another State, a\nTerritory or the Commonwealth.\n16. Section 63 further amended (Disclosure of\ninformation)\nSection 63 of the Principal Act is further\namended as follows:\n(a) by inserting the following paragraph after\nparagraph (d) in subsection (2):\n(da) the purpose of the Australian\nCrime Commission’s national\npolicing information functions\n_______________________________________________________________\n*No. 101 of 2000\n\nJustice and Related Legislation (Miscellaneous Amendments) Act\n(No. 2) 2025\nAct No. of 2025\ns. 16 Part 7 – Forensic Procedures Act 2000 Amended\n16\nunder section 7A(fa) of the\nAustralian Crime Commission\nAct 2002 of the Commonwealth\nand in accordance with that Act;\n(b) by inserting the following paragraph after\nparagraph (d) in subsection (3):\n(da) for the purpose of the Australian\nCrime Commission’s national\npolicing information functions\nunder section 7A(fa) of the\nAustralian Crime Commission\nAct 2002 of the Commonwealth\nand in accordance with that Act;\n\nJustice and Related Legislation (Miscellaneous Amendments) Act\n(No. 2) 2025\nAct No. of 2025\nPart 8 – Gas Safety Act 2019 Amended s. 17\n17\nPART 8 – GAS SAFETY ACT 2019 AMENDED\n17. Principal Act\nIn this Part, the Gas Safety Act 2019* is referred\nto as the Principal Act.\n18. Section 3 amended (Interpretation)\nSection 3(1) of the Principal Act is amended by\ninserting “, or a fuel cell,” after “engine” in the\ndefinition of automotive gas fuel system.\n_______________________________________________________________\n*No. 2 of 2019\n\nJustice and Related Legislation (Miscellaneous Amendments) Act\n(No. 2) 2025\nAct No. of 2025\ns. 19 Part 9 – Health Complaints Act 1995 Amended\n18\nPART 9 – HEALTH COMPLAINTS ACT 1995\nAMENDED\n19. Principal Act\nIn this Part, the Health Complaints Act 1995* is\nreferred to as the Principal Act.\n20. Section 3 amended (Interpretation)\nSection 3 of the Principal Act is amended by\nomitting paragraph (a) from the definition of\nhealth service and substituting the following\nparagraph:\n(a) a service specified in Part 1 of Schedule\n1, but does not include a service\nspecified in Part 2 of Schedule 1;\n21. Schedule 1 amended (Health Services)\nSchedule 1 to the Principal Act is amended as\nfollows:\n(a) by inserting the following item after item\n12 in Part 1:\n13. A prescribed service.\n(b) by inserting the following item after item\n2 in Part 2:\n3. A prescribed service.\n_______________________________________________________________\n*No. 95 of 1995\n\nJustice and Related Legislation (Miscellaneous Amendments) Act\n(No. 2) 2025\nAct No. of 2025\nPart 10 – Integrity Commission Act 2009 Amended s. 22\n19\nPART 10 – INTEGRITY COMMISSION ACT 2009\nAMENDED\n22. Principal Act\nIn this Part, the Integrity Commission Act 2009*\nis referred to as the Principal Act.\n23. Section 23 amended (Joint Standing Committee on\nIntegrity)\nSection 23(2) of the Principal Act is amended as\nfollows:\n(a) by omitting “6” and substituting “an even\nnumber, that is not less than 6 and not\nmore than 8, of”;\n(b) by omitting from paragraph (a) “3” and\nsubstituting “half”;\n(c) by omitting from paragraph (b) “3” and\nsubstituting “half”.\n24. Schedule 5 amended (Meetings of Joint Standing\nCommittee on Integrity)\nClause 1(1) of Schedule 5 to the Principal Act is\namended by omitting “Any 3 members of the\nJoint Committee,” and substituting “Half of the\ntotal number of members of the Joint\nCommittee”.\n_______________________________________________________________\n*No. 67 of 2009\n\nJustice and Related Legislation (Miscellaneous Amendments) Act\n(No. 2) 2025\nAct No. of 2025\ns. 25 Part 11 – Justices Act 1959 Amended\n20\nPART 11 – JUSTICES ACT 1959 AMENDED\n25. Principal Act\nIn this Part, the Justices Act 1959* is referred to\nas the Principal Act.\n26. Section 71 amended (Petty crimes triable\nsummarily)\nSection 71(1) of the Principal Act is amended by\ninserting after paragraph (ab) the following\nparagraph:\n(ac) section 253A of the Criminal Code, if the\nvalue of property obtained or delivered,\nor the benefit gained or detriment caused,\ndoes not exceed $20 000; or\n27. Section 72 amended (Other crimes triable\nsummarily)\nSection 72(1) of the Principal Act is amended by\ninserting after paragraph (c) the following\nparagraph:\n(ca) under section 253A of the Criminal\nCode, if the value of property obtained or\ndelivered, or the benefit gained or\ndetriment caused, exceeds $20 000 but\ndoes not exceed $100 000; or\n_______________________________________________________________\n*No. 77 of 1959\n\nJustice and Related Legislation (Miscellaneous Amendments) Act\n(No. 2) 2025\nAct No. of 2025\nPart 12 – Justices of the Peace Act 2018 Amended s. 28\n21\nPART 12 – JUSTICES OF THE PEACE ACT 2018\nAMENDED\n28. Principal Act\nIn this Part, the Justices of the Peace Act 2018*\nis referred to as the Principal Act.\n29. Section 5 amended (Appointment of justice)\nSection 5(1) of the Principal Act is amended by\ninserting “the Secretary or” after “by” in\nparagraph (d) of the definition of eligible person.\n30. Section 6 substituted\nSection 6 of the Principal Act is repealed and the\nfollowing section is substituted:\n6. Exercise of powers\nAn appointed justice is not entitled to\nexercise any of the powers of the office\nof Justice of the Peace until the appointed\njustice has –\n(a) taken the judicial oath in\naccordance with the Promissory\nOaths Act 2015 on that\nappointment; and\n_______________________________________________________________\n*No. 15 of 2018\n\nJustice and Related Legislation (Miscellaneous Amendments) Act\n(No. 2) 2025\nAct No. of 2025\ns. 31 Part 12 – Justices of the Peace Act 2018 Amended\n22\n(b) been allocated, and notified of, a\nregistration number under\nsection 38.\n31. Section 7 amended (Application for reappointment\nas appointed justice)\nSection 7 of the Principal Act is amended as\nfollows:\n(a) by omitting from subsection (1) “6\nmonths” and substituting “12 months”;\n(b) by omitting subsection (2).\n32. Section 8 amended (Reappointment as Justice of the\nPeace)\nSection 8(3) of the Principal Act is amended by\nomitting “2 years” and substituting “5 years”.\n33. Section 12 amended (Validity of acts of justice)\nSection 12(1) of the Principal Act is amended as\nfollows:\n(a) by omitting from paragraph (d)\n“appointment.” and substituting\n“appointment; or”;\n(b) by inserting the following paragraph after\nparagraph (d):\n(e) the appointment of the justice had\nexpired before the doing of the\n\nJustice and Related Legislation (Miscellaneous Amendments) Act\n(No. 2) 2025\nAct No. of 2025\nPart 12 – Justices of the Peace Act 2018 Amended s. 34\n23\nact but, at the time of the doing of\nthe act, the justice was unaware\nof the expiry and had acted in\ngood faith with regard to the\ndoing of the act.\n34. Section 16 amended (Providing information to\nSecretary)\nSection 16 of the Principal Act is amended by\nomitting subsection (2).\n35. Section 38 amended (Register of justices)\nSection 38 of the Principal Act is amended as\nfollows:\n(a) by inserting in subsection (1)(b) “under\nsubsection (3)(a)” after “allocated”;\n(b) by inserting the following subsection\nafter subsection (2):\n(3) The Secretary is to –\n(a) allocate a unique\nregistration number to\neach appointed justice as\nsoon as practicable after\nthe appointed justice takes\nthe judicial oath as\nrequired under\nsection 6(a); and\n\nJustice and Related Legislation (Miscellaneous Amendments) Act\n(No. 2) 2025\nAct No. of 2025\ns. 35 Part 12 – Justices of the Peace Act 2018 Amended\n24\n(b) notify, in writing, each\nappointed justice of the\nregistration number\nallocated to that appointed\njustice as soon as\npracticable after\nallocating the number.","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Justice and Related Legislation (Miscellaneous Amendments) Act\n(No. 2) 2025\nAct No. of 2025\nPart 13 – Occupational Licensing Act 2005 Amended s. 36\n25\nPART 13 – OCCUPATIONAL LICENSING ACT 2005\nAMENDED\n36. Principal Act\nIn this Part, the Occupational Licensing Act\n2005* is referred to as the Principal Act.\n37. Schedule 2 amended (Occupations, Trades and\nCallings to Which this Act Applies)\nSchedule 2 to the Principal Act is amended by\ninserting in clause 1 of Division 2 of Part 2 “, or\na fuel cell,” after “engine”.\n_______________________________________________________________\n*No. 47 of 2005\nGovernment Printer, Tasmania","sortOrder":1}],"analysis":{"summary":{"status_summary":"The Bill has been introduced in the Tasmanian House of Assembly and is awaiting further parliamentary stages.","complexity_score":4,"likely_questions":["What is the new test for making an interim high risk offender order?","How does the bill change voting offences for concurrent elections?","What must a new Justice of the Peace do before exercising powers under the bill?","What are the monetary thresholds for summary trial of section 253A offences?","Does the bill affect the right to jury trial for property fraud charges?"],"complexity_factors":["Amends 12 separate Acts with no overarching theme","Changes evidentiary and procedural thresholds in criminal matters","Introduces new summary jurisdiction thresholds for dishonest property offences","Administrative overhaul of Justices of the Peace appointment and validation rules","Expands regulatory scope for fuel cells in gas and licensing law"],"plain_english_summary":"The Justice and Related Legislation (Miscellaneous Amendments) Bill (No. 2) 2025 is a collection of amendments to 12 Tasmanian Acts. It does not introduce a single policy theme but rather makes targeted changes across criminal law, electoral procedure, evidence, family violence, forensic procedures, gas safety, health complaints, integrity oversight, court processes, justices of the peace, and occupational licensing. The bill was introduced in the House of Assembly and, if passed, will take effect on the day it receives Royal Assent and be automatically repealed one year later.\n\nIn criminal law, the bill expands the definition of a relevant sexual offence in the Criminal Code to include additional offences such as those under sections 124A, 124B, 124C, 125A, 125C, and 126. It also retrospectively validates section 2B of the Code from 4 April 1924, though this does not apply to proceedings already determined. The Dangerous Criminals and High Risk Offenders Act is amended to lower the threshold for making an interim high risk offender order: the court must now be satisfied that the evidence would be likely to justify a final order, rather than that it would justify one. This change slightly reduces the bar for imposing interim restrictions on an individual. The Evidence Act is amended to extend the restrictions on admitting evidence of sexual experience to persons charged under section 170A (sexual offences involving persons with cognitive impairment). The Family Violence Act allows a police officer of sergeant rank or above to apply for a review of a magistrate's declaration of a serial family violence perpetrator, shifting some review authority from the DPP to police. The Forensic Procedures Act clarifies that references to offences in disclosure provisions include offences under Commonwealth, state and territory laws, not just Tasmanian law.\n\nThe Electoral Act is amended to clarify that it is an offence to vote in an Assembly election after having voted in a different division of the Assembly held on the same day, and similarly for Council elections. This prevents double voting in concurrent elections. The Justices of the Peace Act undergoes several administrative changes: the Secretary is added as an eligible person to recommend appointments; new JPs must take a judicial oath and be allocated a registration number before exercising powers; the deadline to apply for reappointment is extended from 6 months to 12 months before expiry; the reappointment period is increased from 2 years to 5 years; acts done by a JP after appointment expiry are valid if the JP acted in good faith unaware of the expiry; and a provision requiring JPs to provide information to the Secretary is removed. These changes reduce the risk of invalidated acts and give JPs longer terms, but also require procedural compliance before exercising powers.\n\nThe Gas Safety Act and Occupational Licensing Act both add fuel cells to the definition of an automotive gas fuel system, extending regulatory coverage and licensing requirements to fuel cell installations. The Health Complaints Act allows the government to prescribe services as health services (or exempt them) via regulation, giving the executive greater discretion over the scope of the complaints scheme. The Integrity Commission Act increases the permitted size of the Joint Standing Committee on Integrity from a fixed 6 members to an even number between 6 and 8, and changes the quorum from any 3 members to half the total membership. This may affect how easily the committee can meet and make decisions.\n\nFinally, the Justices Act introduces new summary trial options for an offence under section 253A of the Criminal Code (obtaining property by deceit or inducing delivery). If the value involved does not exceed $20,000, the offence may be tried summarily as a petty crime; if between $20,000 and $100,000, it may be tried summarily as an other crime. Defendants facing amounts up to $100,000 may lose the option of a jury trial, though this may reduce court backlog and trial costs. The official materials do not specify how many cases this will affect or the expected impact on court resources.\n\nThe bill is currently at the first stage of the legislative process. Its passage will depend on debate and amendment in both houses of the Tasmanian Parliament."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This bill is an omnibus package of mostly technical and administrative amendments across a range of Acts. That pattern is consistent with the stated purpose of a \"miscellaneous amendments\" instrument: it tidies cross-references, updates definitions, adjusts administrative requirements, and makes targeted procedural changes. A few measures (police ability to apply for review of serial family violence declarations; inclusion of fuel cells within safety and licensing regimes; enabling ACC disclosures) have substantive operational effect, but they fall within the scope of routine statutory amendment rather than representing a broad expansion of the Act's original purpose. The notable departures from purely technical amendment are the retroactive framing of one criminal provision and the Act's built-in one-year repeal; both have material legal consequences but are still within the envelope of a packaged amendments bill rather than a change of overarching legislative purpose."},"complexity_factors":["Amends 13 separate principal Acts across multiple subject areas (criminal law, evidence, electoral law, family violence, forensic procedures, gas safety, health regulation, integrity oversight, JPs, occupational licensing).","Includes a retroactive declaration (treatment of section 2B as in force from 4 April 1924) coupled with a non-application clause for already-determined proceedings (new s. 466) — creates temporal complexity.","Imposes a statutory self-repeal (the Act automatically repeals one year after commencement), which complicates implementation and planning.","Introduces a new grouped defined term 'relevant sexual offence' that cross-references a long list of Criminal Code sections (nested cross-references).","Changes statutory thresholds and triability rules with monetary cut-offs ($20,000 and $100,000) for summary jurisdiction under the Justices Act — creates conditional logic tied to factual valuations.","Alters judicial/administrative standards (HRO wording change from 'would, if proved, justify' to 'would be likely, if proved, to justify'), which will require judicial interpretation.","Adds delegation/delegated instrument dependence ('prescribed service' in Health Complaints Act) so the scope depends on future regulations, increasing implementation uncertainty.","Connects State law to Commonwealth functions (Australian Crime Commission) by reference to a Commonwealth Act, requiring inter‑jurisdictional alignment.","Multiple procedural and administrative changes for Justices of the Peace (oath, registration number allocation and notification, reappointment timing and term length), requiring systems updates."],"plain_english_summary":"**What this bill does (mechanically)\n\n- Makes short, targeted changes across a range of Tasmanian laws (Criminal Code, Dangerous Criminals and High Risk Offenders Act 2021, Electoral Act 2004, Evidence Act 2001, Family Violence Act 2004, Forensic Procedures Act 2000, Gas Safety Act 2019, Health Complaints Act 1995, Integrity Commission Act 2009, Justices Act 1959, Justices of the Peace Act 2018, and Occupational Licensing Act 2005).  It is an omnibus \"miscellaneous amendments\" instrument: each Part amends a particular Act.\n\n- Comes into force on Royal Assent and, unusually, the Act repeals itself one year after commencement (so the amendments are time-limited by the Act that enacts them).\n\n- Key mechanical changes (by theme):\n  - Criminal offences and procedure\n    - Inserts a consolidated definition \"relevant sexual offence\" that groups several Criminal Code sexual offence sections together for the purposes of one provision (Schedule 1, section 14A changes; Part 2).  It also declares one insertion (section 2B) to be taken to be in force from 4 April 1924, but states that that particular amendment will not affect proceedings already finally determined before this Act starts (new section 466).\n    - Expands which theft/fraud-type offences under the Criminal Code can be dealt with summarily (in magistrates' court) by adding section 253A to the list and setting monetary thresholds: up to $20,000 as \"petty crimes triable summarily\"; from over $20,000 up to $100,000 in the other summary category (Part 11, ss. 26–27).\n  - Interim high-risk offender orders\n    - Changes the test for issuing interim High-Risk Offender (HRO) orders from wording \"would, if proved, justify\" to \"would be likely, if proved, to justify\" (Part 3, s. 7).  That alters the statutory standard the court must apply when deciding whether to make an interim HRO order.\n  - Voting offences\n    - Clarifies that it is an offence to vote in two different Assembly divisions or Council divisions when those elections are held at the same time (Part 4, s. 9).\n  - Evidence and sexual-offence procedure\n    - Extends an Evidence Act provision about evidence of sexual experience to apply where the accused is charged under another Criminal Code section (section 170A) as well as those previously listed (Part 5, s. 11).\n  - Family violence review process\n    - Allows a sergeant (or higher) or an authorised person from police to apply to a court to review a magistrate's declaration that an offender is a \"serial family violence perpetrator.\" It also requires service of applications on either the DPP (if a judge made the declaration) or the Commissioner of Police (if a magistrate did) (Part 6, s. 13).\n  - Forensic information disclosure\n    - Clarifies that references to \"an offence\" in the Forensic Procedures Act include offences under laws of other States/Territories or the Commonwealth, and permits disclosure for the Australian Crime Commission's national policing information functions (Part 7, ss. 15–16).\n  - Gas systems and occupational licensing\n    - Adds \"fuel cell\" to the definition of automotive gas fuel systems and to the occupations regulated under the Occupational Licensing Act (Parts 8 and 13), bringing fuel-cell work within the same safety and licensing regimes as engines using gas.\n  - Health complaints scope\n    - Modifies the Health Complaints Act so that a \"prescribed service\" may be listed as a health service in Schedule 1 (Part 9).  That moves the Act toward allowing regulation of services identified by later prescription (regulation) rather than fixed listing only.\n  - Integrity Commission committee and quorum\n    - Changes the Joint Standing Committee on Integrity to be made up of an even number between 6 and 8, with half the committee constituting the number necessary for certain business (Part 10, ss. 23–24).\n  - Justices of the Peace (JPs)\n    - Requires appointed JPs to take the judicial oath and to be allocated and notified of a registration number before exercising JP powers; extends reappointment application window from 6 to 12 months and extends reappointment term from 2 to 5 years; protects acts done in good faith by a JP unaware their appointment had expired; removes a requirement to provide certain information to the Secretary; and requires the Secretary to allocate and notify registration numbers as soon as practicable after oath-taking (Part 12, ss. 29–35).\n\nWhy these changes matter (stated aims and practical effects)\n\n- The bill's text performs a mix of technical fixes (definition changes, cross‑reference updates), administrative reforms (JP registration and oath rules, committee numbers), procedural changes for criminal and family-violence matters (HRO threshold wording, police-initiated review of serial perpetrator declarations), and regulatory updates (adding \"fuel cell\" to safety and licensing laws, allowing \"prescribed services\" for health complaints, enabling information sharing with the Australian Crime Commission).\n\n- Who is affected and how:\n  - Courts, prosecutors, defence lawyers and accused persons: altered definitions and amended statutory tests (e.g. \"relevant sexual offence,\" HRO interim order standard) change how certain decisions and prosecutions are framed and argued.\n  - Police and the Director of Public Prosecutions: police gain an express power to apply for review of a magistrate's serial perpetrator declaration; service rules change who must be served in different review scenarios.\n  - People working with gas or fuel cells and regulated tradespeople: bring fuel-cell work within existing gas‑safety and occupational licensing regimes, imposing safety and licensing obligations.\n  - Justices of the Peace and the Department administering JP appointments: new procedural steps (oath, registration number) and longer appointment cycles change administration, record-keeping and the timing of reappointments.\n  - Health service providers and complaint-handling bodies: \"prescribed service\" insertion permits future extension (by regulation) of what falls under health complaints jurisdiction; this creates a mechanism for future inclusion without amending primary legislation.\n  - Integrity Committee members: committee size and quorum rules change how the committee is constituted and when it can act.\n  - Agencies handling forensic and criminal intelligence: allows disclosure to the Australian Crime Commission for specific national policing information functions, enabling greater cross‑jurisdictional information sharing.\n\nTesting claimed purposes against costs, incentives and implementation risk\n\n- Retroactivity and finality: the bill says one particular change (to section 2B) is to be taken to have been in force from 4 April 1924 but that it does not apply to proceedings already finally decided before the amendment commences (new s. 466). That combination has two effects: it creates potential retrospective legal effect for unsettled or ongoing matters while protecting concluded cases. The practical costs are legal uncertainty for historical or long‑running matters where that provision could be material; the stated protection reduces risk to finalised proceedings (s. 466).\n\n- Time-limited enactment: the whole Act repeals itself after one year. That limits permanence of the changes unless separately preserved elsewhere. The cost is administrative churn (agencies adapt to changes that may lapse) and the need for follow-up legislation if some changes are intended to be permanent. The benefit is a built-in sunset that forces review.\n\n- Court‑standards and interim orders (HRO wording change): modifying statutory wording that establishes the court's threshold can change the number of interim HROs made. Who decides: judges/magistrates applying the statutory test. Behavioural effect: prosecutors may alter which matters they bring for interim orders; defence arguments will adjust around the new formulation. Implementation risk: low–medium (depends on judicial interpretation over time).\n\n- Police review of serial-perpetrator declarations: giving a sergeant or authorised police officer the standing to apply for review shifts some decision-initiation power to police (who pays: police resourcing; who decides: courts ultimately). This raises operational costs (police time/filing) and creates an incentive for more administrative review applications; it also requires clear internal police authorisation mechanisms to manage risk of inappropriate use.\n\n- Forensic information sharing with the ACC: enables cross‑jurisdictional data flows for national policing functions. This reduces legal friction for sharing, but requires agencies to ensure compliance with Commonwealth Act requirements and data protection obligations. It confers a practical benefit to Commonwealth and State investigative agencies, while imposing governance and compliance responsibilities on the disclosing agency.\n\n- JP administrative reforms: requiring oath and registration and extending appointment periods transfers administrative tasks to the Secretary (who must allocate and notify registration numbers promptly). It reduces reappointment frequency for individual JPs (fewer applications over time) but requires better initial record-keeping and a prompt notification process.\n\nWhere the bill changes incentives and who bears costs:\n- Police: extra power to seek reviews, cost of preparing applications.\n- Courts: apply new wording and definitions; possible litigant arguments on retrospective provisions.\n- Agencies (health complaints regulator, licensing bodies, ACC linkage): implement new prescription and sharing mechanisms, update guidance and forms.\n- Businesses/Trades (fuel-cell installers, gas-fitters): may face new licensing/safety compliance costs where fuel‑cell work was previously outside the regime.\n\nImplementation risk and compliance burden summary\n- Administrative: moderate (JP registration, notice, committee composition, prescription mechanisms).\n- Legal interpretation risk: moderate (retroactive clause, \"relevant sexual offence\" grouping, HRO standard wording).\n- Regulatory adjustment: targeted (fuel cell and \"prescribed service\" bring more activity within existing regimes; these will require regulators to produce rules/administrative instruments).\n\nSource claims vs mechanical effect\n- The bill appears to aim to tidy cross‑references, enable particular forms of review and information sharing, update safety and licensing coverage to include fuel cells, and improve JP administration. Mechanically the bill does these things. The main trade-offs are (1) creating retrospective effect with limited protection for completed proceedings, (2) imposing new administrative duties on agencies, and (3) creating a one‑year sunset on the enabling Act, which raises decision and legislative follow-up costs if permanence is intended. (See Parts 1, 2, 3, 6, 7, 8, 9, 12.)"}},"importantCases":[],"_links":{"self":"/api/acts/justice-and-related-legislation-miscellaneous-amendments-bill-no-2-2025","history":"/api/acts/justice-and-related-legislation-miscellaneous-amendments-bill-no-2-2025/history","analysis":"/api/acts/justice-and-related-legislation-miscellaneous-amendments-bill-no-2-2025/analysis","conflicts":"/api/acts/justice-and-related-legislation-miscellaneous-amendments-bill-no-2-2025/conflicts","importantCases":"/api/acts/justice-and-related-legislation-miscellaneous-amendments-bill-no-2-2025/important-cases","documents":"/api/acts/justice-and-related-legislation-miscellaneous-amendments-bill-no-2-2025/documents"}}