AUSTRALIAN CAPITAL TERRITORY 85 Crimes (Amendment) Ordinance 1983
No. 27 of 1983
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 (Administration) Act 1910.
Dated 15 September 1983.
N. M. STEPHEN Governor-General
By His Excellency's Command,
GARETH EVANS
Attorney-General
An Ordinance to amend the Crimes Act, 1900 of the State of
New South Wales in its application to the Territory
Short title
1. This Ordinance may be cited as the Crimes (Amendment) Ordinance
1983.'
| " 1. This Act may be cited as the Crimes Act, 1900.". |
The Crimes Act
2. In this Ordinance, "the Crimes Act" means the Crimes Act, 1900 of the State of New South Wales in its application to the Territory.
Headings—repeal
3. The Crimes Act is amended by omitting all headings other than Part
headings.
4. Section 1 of the Crimes Act is repealed and the following section substituted:
Short title
86 Crimes (Amendment) No. 27,1983 Interpretation 5. Section 4 of the Crimes Act is amended—
(a)
by omitting the definition of "Dwelling-house" and substituting the following definition:
" 'Dwelling-house' includes—
(a)
any building or other structure intended for occupation as a dwelling and capable of being so occupied, whether or not it is or has ever been so occupied;
(b)
any building or other structure containing separate flats or units that are intended for occupation as dwellings and capable of being so occupied, whether or not the flats or units are or have ever been so occupied;
(c) a boat or vehicle in or on which any person resides; and (d)
any building or structure within the same curtilage as a dwelling-house, and occupied therewith, or whose use is ancillary to the occupation of the dwelling-house."; and
(b) by omitting the definition of "Justice". 6. Section 9 of the Crimes Act is repealed and the following section substituted:
Abolition of distinctions between felony and misdemeanour
"9. All distinctions between felony and misdemeanour are hereby abolished.".
Murder defined
7. Section 18 of the Crimes Act is amended by omitting from sub-section
(1) "death or penal servitude for life" and substituting "imprisonment for life".
Murder—punishment
8. Section 19 of the Crimes Act is amended by omitting "suffer death" and substituting "imprisonment for life".
Manslaughter—punishment
9. Section 24 of the Crimes Act is amended by omitting all words from and including "penal servitude" to and including "three years" (second occurring) and substituting "imprisonment for life".
10. After section 33 of the Crimes Act the following sections are inserted:
Discharging loaded arms with intent
"33A. Any person who maliciously discharges, or in any manner attempts to discharge, any kind of loaded arms with intent to do grievous bodily harm to any person, or with intent to resist, or prevent, the lawful apprehension or detention of himself or any other person shall be liable to imprisonment for 14 years.
Crimes (Amendment) No. 27, 1983 87
Use of weapon to resist arrest, &c.