Crimes Act 1900 Crimes (General) Amendment (Short Descriptions of Offences) Regulation 1998 (1998-523) [GG No 130 of 4.9.1998, p 7205] (NSW)

New South Wales

under the

Crimes Act 1900

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Crimes Act 1900.

J W Shaw
Attorney General

The object of this Regulation is to specify short descriptions for certain offences under the Crimes Act 1900 to facilitate the issue of summonses, warrants and other legal processes.

This Regulation is made under the Crimes Act 1900, including section 582 (the general regulation-making power) and in accordance with section 145B of the Justices Act 1902.

Published in Gazette No 130 of 4 September 1998, page 7205 Page 1

Clause 1 Crimes (General) Amendment (Short Descriptions of Offences) Regulation 1998

ame of Regulation

This Regulation is the Crimes (General) Amendment (Short

Descriptions of Offences) Regulation 1998.

2 Amendment of Crimes (General) Regulation 1995

The Crimes (General) Regulation 1995 is amended as set out in

Schedule 1 .

3 Notes

The explanatory note does not form part of this Regulation.

Crimes (General) Amendment (Short Descriptions of Offences) Regulation 1998

Amendments	Schedule 1
Amendments

(Clause 2)

[1]        Clause 5B

Insert after clause 5A:

5B Short descriptions of various offences

( 1 )

For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision of the Act specified in Column 1 of Schedule

2 is:

(a)	the expression specified in Column 2 of that Schedule, or
(b)	if a choice of words is indicated in that expression.

the words remaining after the omission of the

words irrelevant to the offence.

(2)	For the purposes of any proceedings for an offence created by a provision of the Act specified in Column 1 of Schedule 2, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.
(3)	The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used, and any such document continues to have effect as if that expression had not been amended or repealed.
(4)	Subclause ( 3 ) applies to any information, complaint, summons warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.

1998 No 523

Crimes (General) Amendment (Short Descriptions of Offences) Regulation 1998

Schedule 1 Amendments

[2]        Schedule 2

Insert after Schedule 1:

rious offences

(Clause 5B)

Column 1	Column 2
Offence	Prescribed expression
Section 58-assault person with	assault with intent to commit felony
intent to commit felony
Section 58—assault, resist or	assault/resist/wilfully obstruct officer
wilfully obstruct any officer while in execution of duty
Section 58—assault, resist or	assault/resist/wilfully obstruct person
wilfully obstruct any person acting	aiding officer
in the aid of an officer in execution of duty
Section 58—assault person with	assault to resist/prevent arrest/
intent to resist or prevent the lawful	detention
apprehension or detainer of any person for any offence
Section 59—assault person	assault occasioning actual bodily
occasioning actual bodily harm	harm
Section 61—assault person not	common assault
occasioning actual bodily harm
Section 117—commit larceny	larceny
Section 125—fraudulently take	bailee fraudulently take property to
property or part of property held as	own use
bailee to own use
Section 125—fraudulently take	bailee fraudulently take property to
property or part of property held a s	other's use
bailee to the use of person other than owner or bailee
Section 125—fraudulently take	bailee fraudulently take converted/
property or part of property for	exchanged property to own use
which property held as bailee has been converted or exchanged to own use

Column 1	Column 2
Offence	Prescribed expression
Section 125—fraudulently take	bailee fraudulently take converted
property or part of property for	exchanged property to other's use
which property held as bailee has been converted or exchanged to use of person other than owner or bailee
Section 125—fraudulently convert	bailee fraudulently convert property
property or part of property held as	to own use
bailee to own use
Section 125—fraudulently convert	bailee fraudulently convert property
property or part of property held as	to other's use
bailee to use of person other than owner or bailee
Section 125—fraudulently convert	bailee fraudulently take converted
property or part of property for	exchanged property to own use
which property held as bailee has been converted or exchanged to own use
Section 135—fraudulently convert	bailee fraudulently take converted
property or part of property for	exchanged property to other's use
which property held a s bailee has been converted or exchanged to use of person other than owner or bailee
Section 126—steal any cattle	steal cattle
Section 126-wilfully kill any cattle	kill cattle with intent to steal
with intent to steal the carcass. or	carcass/skin/part of cattle
skin. or other part. of the cattle so killed
Section 134—steal the whole or any	steal whole/part valuable security
part o f any valuable security
Section 134—embezzle the whole or	embezzle whole/part valuable
any part of any valuable security	security
Section 134—destroy the whole or	destroy whole/part valuable security
any part of any valuable security for any fraudulent purpose

Crimes (General) Amendment (Short Descriptions of Offences) Regulation 1998

Schedule 1 Amendments

Column 1	Column 2
Offence	Prescribed expression
Section 134—cancel the whole or	cancel whole/part valuable security
any part of any valuable security for any fraudulent purpose
Section 134—obliterate the whole or	obliterate whole/part valuable
any part of any valuable security	security
for any fraudulent purpose
Section 134—conceal the whole or	conceal whole/part valuable security
any part of any valuable security for any fraudulent purpose
Section 148-steal any property in	steal in dwelling house
a dwelling house
Section 154A ( 1 ) (a)—take and	take and drive conveyance
drive a conveyance without the consent of the owner or person in lawful possession of the conveyance
Section 154A (1) (a)—take a	take conveyance for purposes of
conveyance without the consent of	driving
the owner or person in lawful possession of the conveyance for the purpose of driving the conveyance
Section 154A ( I ) (a)—take a	take conveyance for purpose of
conveyance without the consent of	secreting i t
the owner or person in lawful possession of the conveyance for the purpose of secreting i t
Section 154A ( 1 ) (a)—take a	take conveyance for reward for
conveyance without the consent of	actual/pretended restoration
the owner or person i n lawful possession of the conveyance for the purpose of obtaining a reward for its restoration or pretended restoration

Crimes (General) Amendment (Short Descriptions of Offences) Regulation 1998

Amendments	Schedule 1
Column 1	Column
Offence	Prescribed expression
Section 154A (1) (a)—take a	take conveyance for fraudulent
conveyance without the consent of	purpose
the owner or person in lawful possession of the conveyance for a fraudulent purpose (other than the purpose of driving, secreting or of obtaining a reward for the conveyance's restoration or pretended restoration)
Section 154A (1) (b)—drive a	knowingly drive stolen conveyance
conveyance knowing that it has been taken without the consent of the owner or person in lawful possession of the conveyance
Section 154A (1) (b)—allow oneself	knowingly be carried in/on stolen
to be carried in or on a conveyance	conveyance
knowing that it has been taken without the consent of the owner or person in lawful possession of the conveyance
Section 156—being a clerk or	steal property of master/employer
servant, steal any property belonging to master or employer
Section 156—being a clerk or	steal property in possession of
servant, steal any property in the	master/employer
possession of master or employer
Section 156—being a clerk or	steal property in power of master/
servant, steal any property in the	employer
power of master or employer
Section 156—being a clerk or	steal property out of converted/
servant, steal any property into	exchanged property of master/
which property belonging to master	employer
or servant has been converted or exchanged
Section 156—being a clerk or	steal property out of converted/
servant. steal any property into	exchanged property master/employer
which property in possession of	possessed
master or employer has been converted or exchanged

1998 No 523

Crimes (General) Amendment (Short Descriptions of Offences) Regulation 1998

Schedule 1 Amendments

Column 1	Column 2
Offence	Prescribed expression
Section 156—being a clerk or	steal property out of converted/
servant, steal any property into	exchanged property in power of
which property in power of master	master/employer
or employer has been converted or exchanged
Section 157—being a clerk or	embezzlement by clerk/servant
servant, fraudulently embezzle whole
or part of property delivered to, or
received or taken into possession by, clerk or servant for, in the name or on account of master or employer
Section 158—being a clerk or	destroy/alter/mutilate book/paper/
servant, destroy, alter or mutilate	writing/valuable security/account
any book, paper, writing, valuable security or account of employer
with intent to defraud
Section 158—being a clerk or	falsify book/paper/writing/valuable
servant, falsify any book, paper,	security/account
writing, valuable security or account of employer with intent to defraud
Section 158—being a clerk or	make/concur in making false entry
servant, make or concur in making	in book/writing/account
a false entry in any book, writing or account of employer with intent to defraud
Section 158—being a clerk or	omit/alter/concur in omitting/altering

servant, omit or alter, or concur	in	material particular of book/writing/
omitting or altering, material	account
particular of book, writing or
account of employer with intent	to
defraud
Section 178A—fraudulently	fraudulently misappropriate money/

misappropriate for own use money	valuable security
o r valuable security collected or
received and required to be delivered to, or accounted for or
paid to other person

Crimes (General) Amendment (Short Descriptions of Offences) Regulation 1998

Amendments Schedule 1

Column 1	Column 2
Offence	Prescribed expression
Section 178A—fraudulently omit to	fraudulently omit to account for
account for money or valuable	money/valuable security
security collected or received and required to be delivered to, or accounted for or paid to other person
Section 178B—obtain chattel.	obtain chattel/rnoney/valuable
money or valuable security by	security by passing valueless cheque
passing any cheque that is not paid on presentation
Section 178BA—dishonestly obtain	obtain money/valuable thing/
any money, valuable thing or	financial advantage by deception
financial advantage by deception
Section 178BB—make or publish,	obtain money/valuable security/
or concur in making or publishing,	financial advantage by false/
false or misleading statement with	misleading statement
intent to obtain any money, valuable thing or financial advantage
Section 178C—obtain credit by	obtain credit by false pretence/false
false pretence or false promise	promise
when incurring debt or liability
Section 178C—obtain credit by	obtain credit by fraud
fraud when incurring debt or liability
Section 179—obtain property by	obtain property by false promise
false promise with intent to defraud
Section 179—obtain property by	obtain property by false pretence
false pretence with intent to defraud
Section 188—knowing that property	receive/dispose of stolen property
is stolen, receive, dispose of or attempt to dispose of property where the stealing amounts to a felony
Section 189A—knowing that	receive/dispose of/attempt to dispose
property is stolen, without lawful	of/possess property stolen outside
excuse receive, dispose o f , o r	NSW
attempt to dispose of, or have possession of, property stolen outside NSW

1998 No 523

Crimes (General) Amendment (Short Descriptions of Offences) Regulation 1998

Schedule 1 Amendments

Column 1 Offence
Section 195 (a)—maliciously destroy	maliciously destroy/damage property
or damage property belonging to
another person otherwise than by means of fire or explosives
Section 195 (a)—maliciously destroy	maliciously destroy/damage partly
or damage property belonging to the	owned property
person and another person otherwise than by means of fire or explosives
Section 353B—carrying razor, razor	carry cutting weapon
blade or other cutting weapon when apprehended for any crime or offence or immediately before being apprehended
Section 527A—obtain or attempt to	obtain money/valuable thing/benefit
obtain money, valuable thing or	by wilful false representation
benefit by wilful false representation
Section 527C ( 1 ) (a)—have any	unlawfully obtained goods (personal
thing in custody which may be	custody)
reasonably suspected of being unlawfully obtained
Section 527C ( I ) (b)—have any	unlawfully obtained goods ( in
thing in the custody of another	another's custody)
person which may be reasonably
suspected of being unlawfully
obtained
Section 527C ( 1 ) (c)—have any	unlawfully obtained goods (it/on
thing. i n or on premises, which may	premises)
be reasonably suspected of being
unlawfully obtained
Section 527C (1) (d)—give custody	give unlawfully obtained goods to
of any thing which may be	person not entitled
reasonably suspected of being
unlawfully obtained to person not
entitled
Section 546C—resist or hinder, or	resist police/hinder police/incite
incite another to assault, resist or	another to assault/resist/hinder police
hinder, a member of the police force in execution of duty

Crimes (General) Amendment (Short Descriptions of Offences) Regulation 1998

Amendments Schedule 1

Column 1	Column 2
Offence	Prescribed expression
Section 547B—knowingly falsely	falsely represent to police act/event
represent to police that an act has	calling for investigation
been. or will be, done or an event
has occurred or will occur, k i n g an
act or event that calls for police
investigation
Section 547C—being in or near a building without reasonable cause with intent to peep or pry on
another person