Crimes Act 1971 (ACT)

N o . 2 of 1971

AN ORDINANCE

Relating to Crimes.

of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of

Dated this eighteenth day of February, 1971.

PAUL HASLUCK Governor-General.

By His Excellency's Command,

T. E. F . HUGHES

Attorney-General, acting for and on behalf of the

Minister of State for the Interior.

CRIMES ORDINANCE 1971

1. This Ordinance may be cited as the Crimes Ordinance 1971.*

2.—(1.) Subject to the next succeeding sub-section, this Ordinance shall come into operation on the first day of March, 1971.

(2.) Section 8 of this Ordinance shall come into operation on the

twenty-ninth day of March, 1971.

3. In this Ordinance, " the Crimes A c t " 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—

" (14) Bigamy—ss.

92, 93." ;

(b) by omitting the words—

" (3) Rules respecting evidence—ss.

406-424."

and inserting in their stead the words—

" (3) Rules relating to proof of miscellaneous

matters

—ss. 406-424."; and

(c) by omitting the words—

" PART

X V . — F I R S T

OFFENDERS.—ss . 557-562."

and inserting in their stead the words—

" PART XV.—CONDITIONAL RELEASE OF OFFENDERS.

—ss.	556A-556E.".

5.   Section 4 of the Crimes Act is amended—

(a) by inserting after the definition of " justice " the following definition:—

" ' law of the Terri tory' includes a continued State law but does not include an Act of the Parliament of the Commonwealth or Regulations under such an A c t " ; and

(6) by inserting after the definition of " telegraph " the follow­ ing definition:—

" ' t h e Crimes A c t ' means the Crimes Act, 1900, of the State of New South Wales in its application to the Australian Capital Territory;".

6 . Section 556A of the Crimes Act is repealed.

7 . Part XV. of the Crimes Act is repealed and the following Part inserted in its stead:—

" P A R T

XV.

CONDITIONAL RELEASE OF OFFENDERS.

" 556A.— (1 . )

W h e r e ­

to) a person is charged before the Court of Petty Sessions with an offence against a law of the Territory; and

(b)	the Court is satisfied that the charge is proved but is of opinion, having regard to—

(i)   the character, antecedents, age, health or mental condition of the person;

(ii)   the extent, if any, to which the offence is of a trivial nature; or

(iii)   the extent, if any, to which the offence was com­ mitted under extenuating circumstances,

that it is inexpedient to inflict any punishment, or to inflict any punishment other than…