Crimes Act 1968 (ACT)

CRIMES

No. 4 of 1968

An Ordinance relating to Crimes.

1. This Ordinance may be cited as the Crimes Ordinance 1968.*

2 . This Ordinance shall come into operation on the fifteenth day of March, One thousand nine hundred and sixty-eight.

3 . In this Ordinance, " the Crimes Act" means the Crimes Act, 1900 of the State of New South Wales in its application to the Territory.

4.   Section 1 of the Crimes Act is amended— (a) by omitting the words and figures—

" PART II.—OFFENCES AGAINST THE SOVEREIGN—
Treason—Felony.—ss. 11-16.";

(b) by omitting the words and figures—

" (2) Injuries to buildings, &c, by fire.—ss. 196-202."

and inserting in their stead the words and figures—

" (2) Injuries to buildings, &c, by fire.—ss. 197-202.";

(c) by omitting the words and figures—

" (13) Injuries to vessels.—ss. 235-243."

and inserting in their stead the words and figures—

" (13) Injuries to vessels.—ss. 236-243."; and

(d) by omitting the words and figures—

" (2) Sentences of death.—ss. 430, 431."

and inserting in their stead the words and figures—

" (2) Sentences of death.—s. 430.".

5 . Section 9 of the Crimes Act is amended by inserting after the word " death," the words " of imprisonment for life ".

6. Section 10 of the Crimes Act is amended by omitting the word

" Whenever " and inserting in its stead the words " Subject to the last
preceding section, where ".

7 . Part II. of the Crimes Act is repealed.

8 . Section 27 of the Crimes Act is amended by omitting the words

" suffer death " and inserting in their stead the words " imprisonment
for life ".

* Made on 8 March 1968; notified in the Commonwealth Gazette on 14 March 1968.

9 . Section 28 of the Crimes Act is amended by omitting the words

" suffer death " and inserting in their stead the words " imprisonment
for life ".

1 0 . Section 63 of the Crimes Act is amended by omitting the words

" suffer death " and inserting in their stead the words " imprisonment
for life ".

1 1 . Section 67 of the Crimes Act is amended by omitting the words

" suffer death " and inserting in their stead the words " imprisonment
for life ".

Section 110 of the Crimes Act is amended by omitting the words

" suffer death " and inserting in their stead the words " imprisonment
for life ".

1 2 .

1 3 . Section 196 of the Crimes Act is repealed.

1 4 . Section 235 of the Crimes Act is repealed.

Section 240 of the Crimes Act is amended by omitting the words

" suffer death " and inserting in their stead the words " imprisonment
for life ".

1 5 .

1 6 . Section 430 of the Crimes Act is amended by omitting sub­ section (1.) and inserting in its stead the following sub-sections:—

" (1.) Where a person is convicted of the crime of murder, the Judge may pronounce sentence of death or may direct that that sentence be recorded.

" (1A.) Where the Judge directs that the sentence of death be

recorded, the sentence has the same effect in law as if it had been pro­

nounced in open Court.".

1 7 . Section 431 of the Crimes Act is repealed.

1 8 . Section 459 of the Crimes Act is amended by omitting all the

words from and including the words " In addition thereto," to the end
of the section.

19 .—(1. ) In this section, " the Piracy Punishment Act" means the

Piracy Punishment Act, 1902 of the State of New South Wales in its application to the Territory.

( 2 . ) Section 4 of the Piracy Punishment Act is amended by omitting

the words " suffer death" and inserting in their stead the words
" imprisonment for life ".

(3.) Section 6 of the Piracy Punishment Act is amended by omitting the words " with death or otherwise ".

20. Where a person is convicted, on or after the date of commence­ ment of this Ordinance, of an offence provided for in section 27, 28, 63, 67, 110 or 240 of the Crimes Act, the person is liable to the penalty provided for that offence by the Crimes Act as amended by this Ordi­ nance whether the offence was committed before, or is committed on or after, that date.

(2.) Where a person is convicted, on or after the date of commence­ ment of this Ordinance, of an offence for which a penalty is provided by the Piracy Punishment Act, 1902 of the State of New South Wales in its application to the Territory, the person is liable to the penalty provided for that offence by that Act as amended by this Ordinance whether the offence was committed before, or is committed on or after, that date.