Crimes Act 1942 (ACT)

AUSTRALIAN CAPITAL TERRITORY.

I No. 12 of 1942.

AN ORDINANCE

I To amend the Crimes Act, 1900, of the State of New

South Wales, in its application to the Territory.

BE it ordained by the Governor-General in and over the Executive Council, in pursuance of the powers conferred by the

Commonwealth of Australia, with the advice of the Federal

Seat of Government	Acceptance	Act 1909-1935 and the Seat of
Government	(Administration)	Act 1910-1940, as follows:—

1. This Ordinance may be cited as the Crimes Ordinance 1942.* citation.

2.   In this Ordinance, unless the contrary intention appears— Definition. " the Crimes Act " means the Crimes Act, 1900, of the State

of New South Wales, in its application to the Terri tory.

3 . Section four hundred and seventy-six of the Crimes Act is Extent of

amended by omitting' the words " t w e n t y p o u n d s " and inserting court of Petty

in their stead the words " One hundred pounds ".

4 . After section five hundred and fifty-six of the Crimes Act, the following section is inserted :—

" 5 5 6 A . — (1.) Where any person is charged before a Court of Powerto

summary jurisdiction with an offence punishable by such Court, conditional
and the Court thinks that the charge is proved, but is of opinion offender'
that, having regard to the character, antecedents, age, health or
mental condition of the person charged, or to the trivial na ture of

7059. —PRICK 3D.

the offence, or to the extenuating circumstances under which the
offence was committed, it is inexpedient to inflict any punishment,
or any other than a nominal punishment, or tha t it is expedient
to release the offender on probation, the Court may, without pro-

ceeding to conviction, make an order either—•

(a) dismissing the charge; or

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(6) discharging the offender conditionally on his entering into a recognizance, with or without sureties, to be of good behaviour and to appear for conviction and sentence when called on at any time dur ing such period, not exceeding three years, as is specified in the order.

* Notified in the Commonwealth Gazette on 28th May, 1942.

(2.) An order under this section shall, for the purpose of revesting or restoring stolen property, and of enabling the Court

to make orders as to the restitution or delivery of property to the

owner, and as to the payment of money upon or in connexion	I
with such restitution or delivery, and for the purpose of the exercise of any power conferred by sub-section (3.) of section five hundred and fifty-four, have the like effect as a conviction.".

Dated this twenty-eighth day of May, One thousand nine

hundred and forty-two. I

GOWRIE

Governor-General.

By His Excellency's Command,

JOHN A. BEASLEY

for Minister of State for the Interior.

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By Authority: L. F. JOHNSTON, Commonwealth Government Printer, Canberra