Crimes (Amendment) Act 1978 (ACT)

No. 45 of 1978

AN ORDINANCE

For the removal of doubts that have arisen in determining

whether certain offences are felonies for the purposes

of the Crimes Act, and for other purposes

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Adminis­ tration) Act 1910.

Dated this fourteenth day of December 1978.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

P. DURACK

Attorney-General

CRIMES (AMENDMENT) ORDINANCE 1978

1. This Ordinance may be cited as the Crimes (Amendment)

Ordinance 1978.*

2. In this Ordinance, " the Crimes Act" means the Crimes Act,

* Notified in the Commonwealth of Australia Gazette on 21 December 1978.

1900 of the State of New South Wales in its application to the Territory.

3. Section 9 of the Crimes Act is repealed and the following section

substituted:
" 9 . (1) Where the punishment for an offence against this Act is
expressed by this Act as a punishment of death, imprisonment for life
or penal servitude, the offence is a felony for the purposes of this Act.

" (2) Sub-section (1) has effect notwithstanding that, by virtue of any other law in force in the Territory, the only penalty that may be imposed in respect of an offence against this Act is a penalty of imprisonment.".

4. Section 10 of the Crimes Act is amended by omitting " or

whipping,".

5. Section 112 of the Crimes Act is amended by omitting " imprison­

ment " and substituting " penal servitude ".

6. Section 113 of the Crimes Act is amended by omitting " imprison­

ment " and substituting " penal servitude ".