NSW Removal of Email Applications for Law Enforcement Warrants

Justice Legislation Amendment (Miscellaneous) Bill 2023

Legislative Assembly

Legislative Council

Assent

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Introduced by: Michael Daley MP (ALP); The Hon Daniel Mookhey MLC (ALP)

Effects of this bill

If this bill passes, it means that:

Police can no longer apply for warrants by email.
The government can now use regulations to exempt people from certain drug misuse and trafficking laws.
The Supreme Court must be satisfied that a person meets specific requirements to be a qualified person under drug laws.
Court registrars and the Sheriff can waive or postpone court fees; they can also set conditions for these waivers.
The Assessment Committee for high risk terrorism offenders no longer needs to consist of specific members.
Completing certain activities can now be treated as payment of a fine.

The Debate

What different members said when this bill was debated:

Susan Carter LIB

“I lead for the Opposition in debate on the Justice Legislation Amendment (Miscellaneous) Bill 2023. The bill represents significant legal housekeeping by the Minns Government and, as such, is a welcome change in pace.”

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Sue Higginson GRN

“On behalf of The Greens, I indicate that we will not oppose the Justice Legislation Amendment (Miscellaneous) Bill 2023, but I would also like to put the Government on notice for future miscellaneous bills. It should not take reluctance to oppose at this stage as equal to support from The Greens.”

Official source →

Stephen Lawrence ALP

“I speak in support of the Justice Legislation Amendment (Miscellaneous) Bill 2023. Like the Hon. Susan Carter, I will focus in particular on the amendment to section 23B of the Fines Act. That is an important amendment, and I note what Ms Sue Higginson said about the content of the bill. I note that this is not a statute law bill; it is a miscellaneous provisions bill.”

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Cate Faehrmann GRN

“As The Greens spokesperson for drug law reform and harm, I contribute to debate on the Justice Legislation Amendment (Miscellaneous) Bill 2023. I support the comments of my colleague, Ms Sue Higginson.”

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Bob Nanva ALP

“I support the Justice Legislation Amendment (Miscellaneous) Bill 2023. I concur with the Hon. Stephen Lawrence’s opening remarks that the bill seeks to address developments in case law, close gaps, provide clarity where needed and support operational improvements. Where there are policy changes, they are not significant. It is the second miscellaneous bill I have spoken to this week.”

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Anthony D'Adam ALP

“The bill reflects the Government’s ongoing commitment to good governance through the regular review and update of legislation and response to identified needs. The bill makes necessary amendments across the Communities and Justice portfolio to ensure that legislation is kept up to date and is responsive to developments in the community and the legal system.”

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News articles and press releases

Justice Legislation Amendment (Miscellaneous) Bill 2023

Mr MICHAEL DALEY, Attorney General — 2023-10-10

The amendments that will be introduced by this bill include amendments to the Bail Act 2013 to address case law developments and resolve an operational issue relating to accompaniment requirements; an amendment to the Children’s Guardian Act 2019 to remove the requirement for the Children’s Guardian to be under the age of 65 years; an amendment to the Fines Act 1996 to allow the completion of certain activities to be treated as payment of a penalty notice, which is being introduced as part of a pre-court diversion scheme for personal drug use and small-quantity drug possession offences; an amendment to the Law Enforcement (Powers and Responsibilities) Act 2002 to remove a sunset clause and thereby continue the ability for non‑urgent warrant applications to be made by email; and amendments to implement the recommendations of the statutory review of the Terrorism (Police Powers) Act 2002.