Crimes (Amendment) Act 1951 (NSW)
CRIMES (AMENDMENT) ACT.
Act No. 3 1 , 1 9 5 1 .
An Act to amend the Crimes Act, 1900, the Criminal Appeal Act of 1912, the Habitual Criminals Act, 1905, the Justices Act, 1902, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 6th November, 1951.]
BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
1. (1) This Act may be cited as the "Crimes (Amend ment) Act, 1951."
(2) The Crimes Act, 1900, as amended by subse
quent Acts, is in this Act referred to as the Principal Act.2. The Principal Act is amended—
(a) by inserting in section four at the end of the definition of " T r u s t e e " the words "and also an executor or administrator"; (b) (i) by inserting next after section sixteen the following new section:— 16A. In all cases of treason, whether alleged to have been committed before or after the passing of the Crimes (Amend ment) Act, 1951, the person charged shall be arraigned and tried in the same manner, and according to the same course and order of trial in every respect as if such person stood charged with murder.
(c)
(ii) by omitting from the matter relating to Par t I I in section one the figures " 1 6 " and by inserting in lieu thereof the figures and
letter " 1 6 A " ; (c) by omitting section seventeen;
(d) by inserting next after section twenty-two the following new section:— 22A. (1) Where a woman by any wilful act or omission causes the death of her child, being a child under the age of twelve months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then, notwithstanding that the circumstances were such that but for this section the offence would have amounted to murder, she shall be guilty of infanticide, and may for such offence be dealt with and punished as if she had been guilty of the offence of manslaughter of such child.
(2) Where upon the trial of a woman for the murder of her child, being a child under the age of twelve months, the jury are of opinion that she by any wilful act or omission caused its death, but that at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to such child or by reason of the effect of lactation consequent upon the birth of the child, then the jury may, notwithstanding that the circumstances were such that but for the provisions of this section they might have
thereof a verdict of infanticide, and the woman returned a verdict of murder, return in lieu may be dealt with and punished as if she had been guilty of the offence of manslaughter of the said child.
(3) Nothing in this section shall affect the power of the jury upon an indictment for the murder of a child to return a verdict of manslaughter or a verdict of not guilty on the ground of insanity, or a verdict of concealment of birth.
(e)
(e)
by inserting next after section fifty-two the following new section:—
52A. (1) Where the death of any person is occasioned through impact with a motor vehicle being driven by a person—
(a) under the influence of intoxicating liquor or of a drug; or (b) at a speed or in a manner which is dangerous to the public,
the person lastmentioned shall be guilty of the misdemeanour of culpable driving and shall be liable to imprisonment for five years.
(2) Where grievous bodily harm to any person is occasioned through impact with a motor vehicle being driven by a person—
(a) under the influence of intoxicating liquor or of a drug; or (b) at a speed or in a manner which is dangerous to the public,
the person lastmentioned shall be guilty of the misdemeanour of culpable driving and shall be liable to imprisonment for three years.
(3) It shall be a defence to any charge under this section that the death or the grievous bodily harm occasioned, as the case may be, was not in any way attributable to the fact that the person charged was under the influence of intoxicating liquor or of a drug or, as the case
which the vehicle was driven. may be, to the speed at which or the manner in (4) This section shall not take away the liability of any person to be prosecuted for or found guilty of murder, manslaughter or any other offence, or affect the punishment which may be imposed therefor:
Provided that no person who has been convicted or acquitted of an offence under this section shall afterwards be prosecuted for murder or manslaughter or for any other
offence
offence on the same or substantially the same facts, nor shall any person who has been con victed or acquitted of murder or manslaughter or of any other offence be afterwards prosecuted for an offence under this section on the same or substantially the same facts.
(5) Upon the trial of a person who is indicted for murder or manslaughter or for an offence under section fifty-three or fifty-four of this Act in connection with the driving of a motor vehicle by him, it shall be lawful for the jury, if they are satisfied that he is guilty of an offence under this section, to find him guilty of that offence.
(6) In this section, " d r u g " means a drug to which Par t VI of the Police Offences (Amendment) Act, 1908, as amended by subsequent Acts, applies.
(f) by inserting in section eighty after the words "with intent to commit the same" the words "with or without the consent of such person"; (g) by omitting section 91D and by inserting in lieu thereof the following section:— 91 D. Whosoever employs in or suffers to resort to or to be upon any premises which to his knowledge are used as a brothel or house of ill-fame any female shall be liable to penal servitude for five years.
(h) (i) by inserting next after section 93H the following new section:— 93I. (1) Upon any prosecution under section 93B of this Act, it shall be upon the person accused to prove that the pistol was licensed or that, by reason of the provisions of section 93H of this Act, he is not subject to the provisions of section 93B.
(2) Upon any prosecution under section 93c, 93D or 93E of this Act, it shall be upon the person accused to prove that he is a person to whom, by reason of the
provisions
provisions of section 93H of this Act, the section under which he is charged does not apply.
(ii) by omitting from the matter relating to Part
I I I A in section one the figures and letter
" 9 3 H " and by inserting in lieu thereof the
figures and letter " 93i" ;
(i) by omitting sections one hundred and forty-one, one hundred and forty-two, and one hundred and forty-three;
(j) by inserting in section 154A after the words
"motor c a r " the words "caravan, t ra i l e r" ; (k)
by omitting from section one hundred and fifty- five the words "within the meaning of the two next following sections";
(1) (i) by inserting next after section 178A the
following short heading and new section:—
VALUELESS CHEQUES.
178B. Whosoever obtains any chattel, money or valuable security by passing any cheque which is not paid on presentation shall, unless he proves—
(a)
that he had reasonable grounds for believing that that cheque would be paid in full on presentation; and
(b) that he had no intent to defraud,
notwithstanding that there may have been be liable to imprisonment for one year, some funds to the credit of the account on which the cheque was drawn at the time it was passed. (ii) by inserting in the matter relating to Part
I V , chapter I , in section one after paragraph
(fl) the following new paragraph:—
(f2) VALUELESS CHEQUES—s. 178B.
(m)
by inserting in section one hundred and seventy- nine after the words " b y any false pretence" the words " o r by any wilfully false promise";
(n)
(n)
by inserting in section one hundred and eighty after the words "by any false pretence" the words " o r by any wilfully false promise";
(o)
by inserting in section one hundred and eighty- two after the words " b y any false pretence" the words " o r by any wilfully false promise";
(p)
by inserting in section one hundred and eighty- three after the words "by any false pretence" the words " o r by any wilfully false promise";
(q)
by inserting in section one hundred and ninety- six after the word "dwelling-house" wherever
occurring the words "vehicle or a i rcraf t" ; (r)
by inserting in section one hundred and ninety- seven after the word "dwelling-house" wherever occurring the words "vehicle or a i rcraf t" ;
(s)
by inserting in section one hundred and ninety- eight after the word "dwelling-house" the words
"vehicle or a i rcraf t" ; (t)
by inserting in section two hundred and one after the word "bui ld ing" wherever occurring the
words "vehicle or a i rcraf t" ; (u)
by inserting in section two hundred and two after the word "bui lding" the words "vehicle, a i rcraf t" ;
(v) (i) by inserting in section two hundred and
three after the word "dwelling-house" the
words "vehicle or a i rcraf t" ; (ii) by inserting in the same section after the word "whatsoever" the words "vehicle or a i rcraf t" ;
(w)
(w) (i) by inserting in section two hundred and four
after the word "bui lding" where first
occurring the words "vehicle or a i rcraf t" ;(ii) by inserting in the same section after the word "bui lding" where secondly occurring
the words "vehicle, a ircraf t" ; (x) by omitting section three hundred and thirty- eight ;
(y) by omitting from section three hundred and forty all the words after the words "direct such person to be prosecuted for perjury in respect thereof" and by inserting in lieu thereof the
words "and may commit him, or admit him to bail, to take his trial at the proper court, and may require any person then present to enter into a recognizance to give evidence against the person whose prosecution is so directed. Where there is a committal by a magistrate and bail is not granted the magistrate may issue any
necessary warran t ' ' ; (z) by inserting at the end of subsection three of section 353A the words "and palm-prints"; (aa) by inserting next after section three hundred and sixty the following new section:—
360A. (1) Every provision of an Act relating
to offences punishable upon indictment or upon
intention appears, be construed to apply to summary conviction may, unless a contrary bodies corporate as well as to individuals. (2) Where a corporation whether alone or jointly with some other person is charged before justices with an indictable offence, the justices may, if they are of opinion that the evidence is sufficient to put the accused corpora tion upon trial, make an order empowering the prosecutor appointed under section five hundred and seventy-two of this Act to prefer a bill for the offence named in the order or for such other
offence
offence as such prosecutor shall deem proper, and such order shall be deemed to be a committal
for t r ial : Provided that—
(a) where the offence is an offence which in the case of an adult may be dealt with summarily and the corporation does not appear by a representative or, if it does so appear, consents that the offence should be so dealt with, the offence may be dealt with summarily; and (b) if the corporation appears by a repre sentative any answer to the question to be put under subsection four of section forty-one of the Justices Act, 1902-1951, may be made on behalf of the corpora tion by that representative, but if the corporation does not so appear it shall not be necessary to put the question.
(3) Where a bill is found against a corporation the corporation may on arraignment enter in writing by its representative a plea of guilty or not guilty. If no such plea is entered the court shall enter a plea of not guilty and the trial shall proceed as though the corporation had pleaded not guilty.
(4) A representative need not be
appointed under the seal of the corporation, and
a written statement purporting to be signed by any person being one of the persons having the management of the affairs of the corporation to the effect that the person named has been appointed as the representative of the corpora tion shall be admissible as prima facie evidence that the person has been so appointed. (5) Any summons or other document may be served upon the corporation by leaving it at or sending it by post to the registered office of the corporation or to any place at which it trades or carries on business.
(6)
(6) Whore the penalty in respect of any offence is a term of imprisonment only, the court before which the offence is tried may, if it thinks fit, in the case of a body corporate, impose a pecuniary penalty not exceeding—
(a)
where the term of imprisonment does not exceed six months—one hundred pounds;
(b) where the term of imprisonment exceeds six months but does not exceed
one year—two hundred pounds;
(c)
where the term of imprisonment exceeds one year but does not exceed two years —five hundred pounds;
(d) where the term of imprisonment
exceeds two years—one thousand
pounds. In this subsection "imprisonment" includes
penal servitude.
(bb) by omitting sections three hundred and seventy- six, three hundred and seventy-seven, three hundred and ninety-seven and three hundred and ninety-eight.
3. The Principal Act is further amended—
(a) by omitting section four hundred and one; (b) by inserting at the end of section four hundred and five the following new subsection:— ( 2 ) Where the accused intends to give evidence or to call any witness or wit nesses in support of the defence the accused or his counsel shall be entitled to open the case for the defence before calling his evidence.
(c)
(c)
by omitting section four hundred and twenty- nine;
(d) by omitting section four hundred and thirty-six;
(e) (i) by omitting from subsection one of section four hundred and seventy-five the words "of a pr isoner" and by inserting in lieu thereof the words "of any person" ;
(ii) by omitting from the same subsection the words "of the prisoner" and by inserting in lieu thereof the words "of the person convicted'';
(iii) by inserting in subsection four of the same section after the word "pract icable" the words "together with his report as to the conclusions to be drawn therefrom";
(f)
by omitting from paragraph two of section four hundred and seventy-six the words "one hundred pounds" and by inserting in lieu thereof the words " two hundred and fifty pounds".
4. The Principal Act is further amended—
(a) (i) by omitting from subsection two of section five hundred and one the words and figures
"and by section 526A of this Ac t " ;(ii) by omitting from the same subsection the words " o r police"; (iii) by inserting at the end of the same section the following new subsection:—
(3) The provisions of section fifty-six of the Justices Act, 1902-1951, shall not apply to proceedings under this section.
(b)
(b)
by omitting from section five hundred and two the words "may be summoned to appear before" and by inserting in lieu thereof the words "may be brought before or may be summoned to appear before";
(c)
by inserting at the end of section 526A the following new subsection:—
(2) The jurisdiction conferred on two justices by this section shall be exercisable only by a stipendiary magistrate.
(d) by omitting sections five hundred and thirty-two to five hundred and thirty-eight both inclusive; (e) by omitting section five hundred and fifty-two and the sub-heading thereto; (f) by omitting from section five hundred and fifty- three the words "section of t h i s " ; (g) by inserting in subsection two of section five hundred and fifty-four after the words " three months" the words "with either hard labour or light labour"; (h) by inserting at the end of section 556A the following new subsection:— (3) Where under subsection one of this
section a charge is dismissed or an offender is
conditionally discharged, the person charged
quarter sessions on the ground that he was not shall have a right to appeal to a court of guilty of the offence charged, and such appeal shall be dealt with as an appeal within the mean ing of section one hundred and twenty-two of the Justices Act, 1902-1951.
(i) (i) by inserting next after section 556A the
following new section:—
556B. If the court before which an offender is hound by recognizance to appear for conviction or sentence, or any court of
summary
summary jurisdiction, is satisfied by information on oath that the offender has failed to observe any condition of his recognizance, it may issue a warrant for his apprehension and upon his appre hension, on being satisfied that he has failed to observe any condition of his recognizance, may convict and sentence him, or sentence him, as the case may require, for the offence with which he was originally charged as if he had not been released on recognizance.
(ii) by omitting from the matter relating to Part XIV, Chapter IV, in section one the letters and figures " s . 556A" and by inserting in lieu thereof the letters and figures " s s . 556A, 556B";
(j) (i) by omitting from subsection one of section five hundred and sixty-one the words "dur ing the period specified in the recog nizance";
(ii) by inserting in paragraph (b) of the same subsection after the words "dishonest means" the words "during the period specified in the recognizance";
(iii) by omitting from the same paragraph the words " i s getting his livelihood by dishonest means ' ' and by inserting in lieu thereof the words "go t his livelihood by dishonest
means during such per iod"; (iv) by inserting in paragraph (c) of the same subsection after the word "conviction" the words " in respect of any act or thing done or omitted to be done by him during the period specified in the recognizance"; (v) by inserting in paragraph (d) of the same subsection after the word "conviction" the words " in respect of any act or thing done or omitted to be done by him during the period specified in the recognizance";
(vi)
(vi) by omitting from the same subsection the words " o r so much thereof as remains to be performed, under the provisions herein before contained".
(k)
by omitting from section five hundred and sixty- two the words "during the period specified in the recognizance".
5 . The Principal Act is further amended—
(a)
by omitting section two hundred and ninety- nine ;
(b) by omitting Par t V I ;
(c)
by omitting from section one the matter relating to Par t VI.
6. The Principal Act is further amended—
(a) by inserting in section one hundred and eighty- five after the word "parchment" the words " i n order that the same may be afterwards made or converted into, or used or dealt with as a
valuable security, ' ' ; (b) by omitting section three hundred and forty- nine and by inserting in lieu thereof the following section—
349. (1) Every accessory after the fact to
murder shall be liable to penal servitude for
life.(2) Every accessory after the fact to the crime of robbery with arms or in company with one or more person or persons, shall be liable to penal servitude for fourteen years.
(c) by inserting in section four hundred and forty-
one after the word " t r i e d " the words " o r any other court of like jurisdiction";
(d)
(d) (i) by inserting next after section 545c the
following short-heading and new section:—
(D4) UNLAWFUL MAKING OR POSSESSION OF
EXPLOSIVES.
545D. Whosoever being charged before two Justices with—
(a) having made; or
(b) knowingly having in his possession or under his control,
any explosive substance, under such circum stances as to give rise to a reasonable suspicion that he did not make such substance, or did not have such substance in his possession or under his control, for a lawful purpose, does not satisfy such Justices that he made the explosive sub stance, or had such substance in his possession or under his control, for a law ful purpose, shall be liable to imprisonment for a term not exceeding six months.
(ii) by inserting in section one after the figures and letter "545c" the letters, words and figures:—
(D4) UNLAWFUL MAKING OR POSSESSION OF
EXPLOSIVES.
7. The Criminal Appeal Act of 1912, as amended by subsequent Acts, is amended—
(a) by inserting at the end of section 5A the follow ing new subsection :— (2) (a) The judge or chairman of quarter sessions before whom any person is tried and acquitted shall, if so requested by counsel for the Crown upon or after the conclusion of the trial, reserve for decision by the Court of Criminal Appeal any question of law arising at or in connection with the trial.
No
No such request shall be made without the written consent of the Attorney-General.
(b) The question reserved shall be referred by the judge or chairman to the Court of Criminal Appeal for decision, together with a statement of the circumstances out of which such question arose or such further statement as the Court of Criminal Appeal may require.
(c) The Court of Criminal Appeal shall have power to determine the question reserved.
(d) The determination by the Court of Criminal Appeal of the question reserved shall not in any way affect or invalidate any verdict or decision given at the trial.
(e) Any person charged at the trial or affected by the decision shall be entitled to be heard before the Court of Criminal Appeal upon the determination of the question reserved, and if it appears that such person does not propose to be represented upon such deter mination, the Attorney-General shall instruct counsel to argue such question before the Court of Criminal Appeal on behalf of such person.
(f) The reasonable costs of legal repre sentation of any person heard before the Court of Criminal Appeal as provided in this section shall be paid by the Crown.
(g) The hearing and determination of any question under this section shall be held in
camera: Provided that nothing in this paragraph shall preclude a barrister or solicitor from being present at the hearing and determination for the purpose of reporting the case for the New South Wales State Reports or Weekly Notes.
(h) No report of any request made
pursuant to paragraph (a) of this subsectionshall be published. No report of proceedings
under
under this subsection shall be published which discloses the name or identity of the person charged at the trial or affected by the decision given at the trial. Any publication in contravention of the foregoing provision shall be punishable as contempt of the Supreme Court.
(b)
by omitting from section 5B the words "and such submission shall be dealt with as if it were an appeal under this Act ."
8. (1) The Justices Act, 1902, as amended by subse
quent Acts, is amended—
(a)
by inserting in subsection one of section one hundred and twenty-two after the words " the making of such conviction or order" the words ' ' , or, where a rule or order has been granted or made under or by virtue of section one hundred and twelve of this Act in respect of the conviction or order, within seven days from the date upon which proceedings consequent thereon concluded";
(b)
by inserting next after section one hundred and thirty-one the following new section:—
131A. (1) A chairman of quarter sessions
may submit any question of law arising on any
appeal to quarter sessions coming before him not being a question of criminal law to the Supreme Court for determination and the Supreme Court may make any such order or give any such direction to the court of quarter sessions as it thinks fit. (2) On the hearing of the case stated by the chairman of quarter sessions the Supreme Court shall have full power to determine how and by whom the costs of the proceedings in the Supreme Court are to be borne.
(2)
(2) The Justices Act, 1902, as amended by sub sequent Acts and by this Act, may be cited as the Justices Act, 1902-1951.
9. The Habitual Criminals Act, 1905, as amended by
subsequent Acts, is amended—
(a) by omitting from the Schedule the words and figures— "148 to 153 inclusive—Larceny" and by inserting in lieu thereof the words and figures "148 to 154A—Larceny";
(b)
by omitting from the Schedule the words and figures—
"Under any of the sections in Par t VI of
the Crimes Act, 1900—Coinage.
Under the Crimes (Amendment) Act, 1905
—Fraudulent misappropriation";
and by inserting in lieu thereof the following
words and figures—
"Under Par t IV of the Commonwealth
Crimes Act 1914-1946—Coinage.
Under sections 178A or 178B of the Crimes Act, 1900—Fraudulent misappropria t ion."
| 10. The Principal Act is further amended to the extent |
set out in the Schedule to this Act.
S C H E D U L E .
S C H E D U L E .
Enactment of
Act No. 40, 1900. Amendment. Section thirty Omit the words "the preceding sections" and
insert in lieu thereof the words "sections
twenty-seven to twenty-nine both inclusive."Section thirty-four
(a) Omit the words "the last preceding sec tion" and insert in lieu thereof the words "section thirty-three";
(b) omit the words "the next following sec tion" and insert in lieu thereof the words "section thirty-five."
Section forty
(a) Omit the words "the last preceding sec tion" and insert in lieu thereof the words "section thirty-nine";
(b) omit the words "the next following sec tion" and insert in lieu thereof the word3 "section forty-one."
Section sixty
Omit the words "the last preceding section" and insert in lieu thereof the words "section fifty-nine."
Section seventy-five
Omit the words "the last two preceding sec tions" and insert in lieu thereof the words "section seventy-three or section seventy- four."
Section 78B
Omit the words "the last preceding section" and insert in lieu thereof the word and figures "section 78A."
Section 78c Omit the words "either of the last two preced
ing sections" wherever occurring and insert
in lieu thereof the words and figures "section 78A or section 78B."
Section eighty-eight
Omit the words "either of the two last pre ceding sections" and insert in lieu thereof the words "section eighty-six or section eighty-seven."
Section ninety-three
Omit the words "the last preceding section" and insert in lieu thereof the words "section ninety-two."
Omit the words "the last preceding section" Section ninety-six
and insert in lieu thereof the words "section
ninety-five."
Section one hundred and one.
Omit the words "hereinafter defined" and
insert in lieu thereof the words "defined in
section one hundred and four."
S C H E D U L E
SCHEDULE—continued.
Enactment of
| Act No. 40,1900. | Amendment. |
| Section one hundred | After the words "crime or offence" insert the |
| and two. | words "as is referred to in section one hundred and one." |
| Section one hundred | After the words "infamous crime" insert the |
| and three. | words "as is defined in section one hundred and four." |
| Section one hundred | Omit the words "the three last preceding sections" and insert in lieu thereof the words "sections one hundred and one, one hundred and two and one hundred and three." |
and four.
| Section one hundred | Omit the words "as aforesaid" and insert in lieu thereof the words "as is referred to in sections ninety-nine to one hundred and three both inclusive." |
and five.
| Section one hundred | Omit the words "the last preceding section" |
| and fifteen. | and insert in lieu thereof the words "section one hundred and fourteen." |
| Section one hundred | Omit the words "the last preceding section" |
| and twenty-seven. | and insert in lieu thereof the words "section one hundred and twenty-six." |
| Section one hundred | Omit the words "the next following section" |
| and thirty. | and insert in lieu thereof the words "section one hundred and thirty-one." |
| Section one hundred | Omit the words "either of the two last preced |
| and thirty-six. | words "section one hundred and thirty-four ing sections" and insert in lieu thereof the | or section one hundred and thirty-five." |
| Section one hundred | Omit the words "in the said two sections" and insert in lieu thereof the words "in section one hundred and thirty-four or in section one hundred and thirty-five." |
and thirty-seven.
| Section 154A | Omit the words "and the next succeeding section" and insert in lieu thereof the words and figures "section and in section 154B." |
| Section 154B | Omit the words "the next preceding section" and insert in lieu thereof the word and figures "section 154A." |
† 6 7 7 2 9 - 8 SCHEDULE SCHEDULE—continued.
Enactment of
Act No. 40,1900. Amendment. Section one hundred and sixty-four.
Omit the words " t he seven next following sect ions" and inser t in lieu thereof t he
words "sect ions one hundred and sixty-
five to one hundred and seventy-one both
inclusive."
Section one hundred Omit t he words " t he two last preceding sec and sixty-seven. t i ons" and inser t in l ieu thereof t h e words "sect ion one hundred and sixty-five or sec
t ion one h u n d r e d and sixty-six."
Section one hundred and seventy-one.
Omit t he words " the last p receding
sec t ion"
and inser t in lieu thereof t he words "sect ion
one hundred and seventy."
Section one hundred and seventy-seven.
Omit t h e words "twelve las t preceding sec
tions" and inser t in l ieu thereof t he words
"sect ions from section one hundred and
sixty-five to section one h u n d r e d and
seventy-six both inclusive."
Section one hundred and seventy-eight.
Omit the words " the said twelve sec t ions" and
inser t in lieu thereof t h e words " sec t ions
one hundred and sixty-five to one h u n d r e d
and seventy-six both inclusive."
Section
one h u n d r e d
Omit the words " t he last p receding section" and inser t in lieu thereof t he words "sect ion
and e ighty. one hundred and seventy-nine ."
Section one hundred and eighty-seven.
Omit t he words " t he two next following sec t i ons" and inser t in l ieu thereof the words
"sections one h u n d r e d and eighty-eight and
one hundred and e ighty-n ine ."
Section one h u n d r e d Omit t he words " t he las t preceding sec t ion"
and inser t in l ieu thereof t he word3 "section
and n ine ty-one .
one hundred and n ine ty . "
Section one h u n d r e d Insert af ter the words " a n y such act" the
and ninety-five. words "as is referred t o i n section one
hundred and nine ty- four ."
Section two hundred Omit the words "no t hereinbefore m e n t i o n e d " and inser t i n l ieu thereof the words "not ment ioned in sections one hundred and
ninety-six to one hundred and ninety-nine
both inclus ive ."
SCHEDULE
SCHEDULE—continued.
Enactment of
Act No. 40, 1900. Amendment.
| Section two hundred | Omit the words "as aforesaid" and insert i n lieu thereof the words "as is referred to in sections one hundred and ninety-six to two hundred and one both inclusive." |
and two.
| Section two hundred | (a) Omit the words "the last preceding sec |
a n d six. tion" and insert in lieu thereof the words
"section two hundred and five";(b) omit the words "the next following sec tion" and insert in lieu thereof the words "section two hundred and seven."
| Section two hundred | Omit the words "in the three last preceding sections mentioned" and insert in lieu thereof the words "mentioned in section two hundred and eleven, two hundred and twelve or two hundred and thirteen." |
a n d fourteen.
| Section two hundred | Omit the words "the last preceding section" |
a n d seventeen. and insert in lieu thereof the words "section
two hundred and sixteen."
| Section two hundred | Omit the words "as in the last preceding section mentioned" and insert in lieu thereof the words "as is mentioned in sec tion two hundred and twenty-one." |
a n d twenty-two.
| Section two hundred | (a) Omit the words "the last preceding sec |
a n d thirty-one. tion" and insert in lieu thereof the words
"section two hundred and thirty";(b) omit the words " t he next following sec tion" and insert in lieu thereof the words "section two hundred and thirty-two."
| Section two hundred | Omit the words "in the last preceding section mentioned" and insert in lieu thereof the words "mentioned in section two hundred and thirty-three." |
and thirty-four.
| Section two hundred | Omit the words "hereinbefore provided" and insert in lieu thereof the words "provided in sections two hundred and thirty-five to two hundred and forty both inclusive." |
a n d forty-one.
| Section two hundred | Omit the words "hereinbefore provided" and |
and forty-seven. insert in lieu thereof the words "provided
in this Chapter of th i s Part ."
| Section two hundred | Omit the word "herein" and insert in l ieu |
and fifty-two. thereof the words "by any provision in this
Part ."SCHEDULE
SCHEDULE—continued.
Enactment of
Act No. 40, 1900. Amendment. Section two hundred and fifty-seven.
Insert after the words "such share, or interest" where firstly occurring the words "as is referred to in section two hundred and fifty-six."
Section two hun dred and sixty-
Omit the words "in the last section men tioned" and insert in lieu thereof the
two. Section two hun words "mentioned in section two hundred
and sixty-one."Omit the words "in the last two preceding thereof the words "mentioned in section two hundred and sixty-one or two hundred and sixty-two."
dred and sixty- sections mentioned" and insert in lieu three. Section two hun Omit the words "the two last preceding sec dred and sixty tions" and insert in lieu thereof the words eight. "sections two hundred and sixty-six and two
hundred and sixty-seven."Section two hun dred and seventy-
Omit the words "as aforesaid" and insert in lieu thereof the words "as is referred to in
four. Section two hun
section two hundred and seventy-three."
Omit the word "herein" and insert in lieu
dred and seventy- thereof the words " by any provision of this six. Section two hun Part ."
Omit the words "the five next following sec
dred and seventy- tions" and insert in lieu thereof the words nine. Section two hun "sections two hundred and eighty to two
hundred and eighty-four both inclusive."
Omit the words "in the last preceding section
dred and eighty- mentioned" and insert in lieu thereof the eight. words "mentioned in section two hundred
and eighty-seven."Section two hun dred and ninety-
Omit the word "herein" and insert in lieu thereof the words "by any provision of this
two. Section three hun
Part ."
Omit the words "the next following section"'
dred and twenty- and insert in lieu thereof the words "section nine. Section three hun three hundred and thirty."
Omit the words "the last preceding section"
dred and forty- wherever occurring and insert in lieu one. thereof the words "section three hundred
and forty."
SCHEDULE
S C H E D U L E — c o n t i n u e d .
Enactment of
Act No. 40, 1900. Amendment.
| Sect ion | th ree | h u n | Omi t the words "e i ther of the two last pre ceding sect ions" and inser t in lieu thereof the words "section three hundred and fifty-four or section three hundred and fifty- five." |
dred and fifty-six.
| Sect ion | four | h u n | (a ) Omi t from subsection three the words "or |
dred and sixty- the last preceding subsect ion" and inser t in (b) omit from subsection four the words " t he said subsect ions" and inser t in l ieu thereof the words "subsect ion two or subsection three of th i s section."
three . lieu thereof the words "subsection or sub
section two of th is sec t ion" ;
| Sect ion | four | hun | Omi t the words " the two last preceding sec |
dred and sixty- t ions , and of sections four hundred and eight .
thir ty-seven and four h u n d r e d and fifty- seven" and inser t in lieu thereof t he words "sections four h u n d r e d and thir ty-seven, four hundred and fifty-seven, four hundred and sixty-six and four hundred and sixty- seven."
| Sect ion | four | h u n | Omi t the words " the next following sect ion" |
dred and seventy- and inser t in l ieu thereof the words "section
| six. Sect ion | four hundred and seventy-seven." |
four h u n Omi t t he words " the last preceding sec t ion"
dred and seventy- and inser t in lieu thereof the words "sect ion seven. four hundred and seventy-six."
| Sect ion | four | h u n | Omi t the words " t he last preceding sect ion" |
dred and seventy- and inser t in lieu thereof the words "section
eight . four hundred and seventy-seven."
| Sect ion | four | h u n | Omi t the words " I n any such case" and inser t in lieu thereof the words " W h e r e a charge is disposed of summar i ly unde r section four hundred and seventy-nine." |
dred and eighty.
| Sect ion | four | h u n | (a ) Omi t the words " in any such case" and |
dred and e ighty- inser t in lieu thereof t he words "upon a one. charge disposed of summar i ly under section
four hundred and seven ty-n ine" ;(b) omit the words " the last preceding sec t i o n " and inser t in lieu thereof the words "section four hundred and eighty."
S C H E D U L E
S C H E D U L E — c o n t i n u e d .
Enactment of
Act No. 40, 1900. Amendment.
Sect ion four h u n O m i t t he words " t he n ine next following
dred and e ighty- sect ions" and inser t in l ieu thereof the words two.
"sect ions four h u n d r e d and e ighty- three to four hundred and n ine ty-one both inclusive."
Sect ion four hun dred and e ighty-
Omi t t he words " t he last preceding sec t ion" and inser t in l ieu thereof t he words "sect ion
four. Sec t ion
four
h u n d r e d
and
e ighty- three ."
four h u n O m i t f rom subsection two t h e words " t h e
dred and
n ine ty .
preceding subsect ion" and inser t in l ieu thereof t he words "subsect ion one of th i s sect ion."
Sec t ion four h u n Omi t the words "such case of assau l t " and
dred and n ine ty - inser t in l ieu thereof t he words "case of e ight .
assaul t unde r sections four h u n d r e d and
nine ty - th ree to four hundred and ninety-s ix both inclusive."
Sect ion four hun Omi t t he words "such certificate" and inser t dred and n ine ty- in l ieu thereof t he words "a certificate of nine. dismissal unde r section four hundred and
nine ty-e ight . "
Sect ion five h u n Omi t t he words " the preceding sec t ions" and inser t in lieu thereof the words "sect ions four hundred and n ine ty - th ree to four hun dred and n ine ty -n ine both inclusive."
dred.
Sect ion five hun Omi t the words " the last p receding sec t ion"
dred and six. and inser t in l ieu thereof t he words "sect ion
five h u n d r e d and five."
Sec t ion dred and eight .
five
h u n
Omi t the words " t h e last preceding
sec t ion"
five hundred and seven." and inser t in lieu thereof the words "section
Sec t i on five h u n Omi t the words " t he preceding sec t ion" and dred and four inser t in l ieu thereof the words "sect ion five teen.
h u n d r e d and th i r t een . "
Sect ion dred and sixteen.
five
h u n
Omi t t he words " t he last p receding
sec t ion"
and inser t in lieu thereof t he words "sect ion
five hundred and fifteen."
Sec t ion five h u n Omi t t he words " t he last preceding sec t ion"
dred and n ine and inser t in lieu thereof t he words "section teen. five hundred and e ighteen."
Sec t ion five h u n Omi t t he words " t he last p receding sec t ion"
dred and twenty- and inser t in lieu thereof the words "sect ion four. five hundred and twenty- three ."
S C H E D U L E
S C H E D U L E — c o n t i n u e d .
Enactment of
| Act No. 40, 1900. | Amendment. |
| Sect ion | five | h u n | Omi t the words " t he last preceding sect ion" |
| dred and twenty- | a n d inser t in lieu thereof t he words "sect ion |
| six. | five hundred and twenty-five." |
| Sect ion | five | h u n | O m i t t he words " t h e twelve sections | next |
| dred and | th i r ty . | following" and inser t in l ieu thereof the words "sect ions five h u n d r e d and th i r ty -one to five h u n d r e d and forty-two both inclu sive." |
| Sect ion | five | hun | Af te r t he words " any such ac t " inser t the | |
| dred | and | th i r ty - | words "as is referred to i n section five | |
| one. |
|
| Sect ion | five | hun | O m i t the words " t he last preceding | sec t ion" |
| dred and forty. | and inser t in l ieu thereof t h e words "sec | ||||
|
| Sec t ion | five | hun | Omi t t he words "hereinbefore provided" and |
| dred | a n d | forty- | inser t in lieu thereof t he words "provided |
| one. | in sections five hundred and t h i r t y to five | ||
|
| Sect ion | five | h u n | O m i t the words " the last preceding | sec t ion" |
| dred | and | forty- | and inser t in lieu thereof the words "sect ion |
| two. | five hundred and forty-one." | ||
| Sect ion | five | h u n | Omi t from pa rag raph four the words "here in |
| dred | and | fifty- | after specified" and inser t in l ieu thereof |
| «ight . | the words "specified in section five hundred and sixty-one." | ||
| Sect ion | five | h u n | Omi t the words " t he foregoing provis ions" |
| dred and sixty. | and inse r t in lieu thereof the words "sec |
t ion five hundred and fifty-eight or section
five h u n d r e d and fifty-nine."
| Sect ion | five | h u n | After t h e words "so d ischarged" i n subsection | ||||
| dred | and | sixty- | one inser t t he words "unde r section five | ||||
| one. |
| ||||||
| |||||||
| Sect ion | five | hun | O m i t the word "aforesaid" a n d inse r t in l ieu | ||||
| dred | and | sixty- | thereof t he words "ment ioned in section | ||||
| two | five hundred and sixty-one." |
S Y D N E Y
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