Crimes (Amendment) Act 1998 (Vic)

Crimes (Amendment) Act 1998

Act No. 65/1998

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Loitering near places frequented by children	2
4.	New section 590 inserted	3

590. Transitional provision—Crimes (Amendment) Act 1998 4

5.	New sections 248 to 252 substituted	4
248. Interpretation	4

249.      Contaminating goods with intent to cause public alarm

or economic loss 5

250.      Threatening to contaminate goods with intent to cause

public alarm or economic loss 5

251.      Making false statements concerning contamination of

goods with intent to cause public alarm or economic loss 6
252.	Territorial nexus for offences 6

6. Amendment of section 360A 7

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NOTES 9

i

Victoria

No. 65 of 1998

Crimes (Amendment) Act 1998†

[Assented to 4 November 1998]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is—

(a)	to make further provision for offences relating to loitering near places frequented by children;
(b)	to make further provision for offences relating to the contamination of goods;
(c)	to make further provision relating to legal representation of an accused.

Crimes (Amendment) Act 1998

Act No. 65/1998 s. 2

2. Commencement

(1) Subject to sub-section (2), this Act comes into

operation on the day on which it receives the

Royal Assent.

(2) Section 5 comes into operation on 1 January 1999.

3. Loitering near places frequented by children

(1) In section 60B of the Crimes Act 1958 for sub-	No. 6231. Reprint No. 14
section (1) substitute—	as at 1 July 1998.
'(1) In this section, "sexual offence" means—

(a)	an offence against section 38, 39, 40, 44(1), 44(2), 44(4), 45, 46, 47, 47A, 48, 49, 55 or 56; or
(b)	any offence specified in clause 8, 9, 10 or 12 of Schedule 8; or
(c)	an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraph (a) or (b).'.

(2) In section 60B(2) of the Crimes Act 1958—

(a)

in paragraph (a) after sub-paragraph (i) "(ia) an offence against—

(A) section 5, 6, 7 or 11 of the

Prostitution Control Act 1994;

or

(B) section 6, 7, 8 or 9 of the

Prostitution Regulation Act

1986; or

(C) section 59(1)(a) or (b) or 60

inserted in this Act on 1 March
1981 by section 5 of the Crimes
(Sexual Offences) Act 1980 and

Crimes (Amendment) Act 1998

s. 4 Act No. 65/1998

repealed on 5 August 1991 by
section 3 of the Crimes (Sexual

Offences) Act 1991; or";

(b) for "a summary offence punishable on conviction by level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum)" substitute "an offence".

(3) In section 60B of the Crimes Act 1958, after sub-

section (2) insert—

"(2A) An offence against sub-section (2) is—

(a)

an indictable offence for which the offender is liable to level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) if at the time of the commission of the offence the offender had previously been sentenced as a serious sexual offender (within the meaning of Part 2A of the Sentencing Act 1991) for a sexual offence (within the meaning of that Part) or a violent offence (within the meaning of that Part); or

(b)

a summary offence for which the offender is liable to level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) in any other case.".

4. New section 590 inserted

After section 589 of the Crimes Act 1958 insert—

Crimes (Amendment) Act 1998

Act No. 65/1998 s. 5

"590. Transitional provision—Crimes
(Amendment) Act 1998

(1) The amendments of section 60B of this Act

made by section 3 of the Crimes
(Amendment) Act 1998 apply only to
offences alleged to have been committed
after the commencement of section 3.

(2) If an offence is alleged to have been

committed between two dates and section 3
of the Crimes (Amendment) Act 1998
commences on a date between those two
dates, for the purposes of sub-section (1) the
offence must be taken to have been alleged
to have been committed before the

commencement of that section.".

5. New sections 248 to 252 substituted

For section 248 of the Crimes Act 1958
substitute—

'248. Interpretation

(1) In this Division—

"contaminate", in relation to goods,

includes—

(a) interfere with the goods; or

(b)

making it appear that the goods interfered with;

"goods" includes any substance—

(a) whether or not for human consumption; and

Crimes (Amendment) Act 1998

s. 5 Act No. 65/1998

(b)	whether natural or manufactured; and
(c)	whether or not incorporated or mixed with other goods.

(2) In this Division, a reference to economic loss

caused through public awareness of the
contamination of goods includes a reference

to economic loss caused through—

(a)	members of the public not purchasing or using those goods or similar goods; or
(b)	steps taken to avoid public alarm or anxiety or to avoid harm to members of the public.

249.  Contaminating goods with intent to cause public alarm or economic loss

A person must not contaminate goods with the intention of—

(a) causing public alarm or anxiety; or

(b)	causing economic loss through public awareness of the contamination.
Penalty:	Level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum) or both.

250.  Threatening to contaminate goods with intent to cause public alarm or economic loss

(1) A person must not make a threat that goods

will be contaminated with the intention of—

(a) causing public alarm or anxiety; or

Crimes (Amendment) Act 1998

Act No. 65/1998 s. 5

(b)	causing economic loss through public awareness of the contamination.
Penalty:	Level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum) or both.

(2) For the purposes of this section, a threat may
be made by any conduct, and may be explicit

or implicit and conditional or unconditional.

251.

Making false statements concerning public alarm or economic loss

(1) A person must not make a statement that the

person believes to be false—

(a) with the intention of inducing the person to whom the statement is made or others to believe that goods have been contaminated; and

(b) with the intention of thereby—

(i)  causing public alarm or anxiety; or

(ii) causing economic loss through
public awareness of the
contamination.

Penalty:  Level 5 imprisonment (10 years
maximum) or a level 5 fine
(1200 penalty units maximum) or
both.

(2) For the purposes of this section, making a

statement includes conveying information by

any means.

252. Territorial nexus for offences
Crimes (Amendment) Act 1998

s. 6 Act No. 65/1998

It is immaterial that the conduct of a person constituting an offence under this Division occurred outside Victoria, so long as the

person intended by that conduct—

(a)	to cause public alarm or anxiety in Victoria; or
(b)

to cause economic loss in Victoria contamination.'.

6. Amendment of section 360A

After section 360A(3) of the Crimes Act 1958
insert—

"(4) Despite anything to the contrary in sub-

section (2)—

(a)	if the court is satisfied that, in relation to the trial, the accused has engaged in vexatious or unreasonable conduct that has contributed to the accused's
inability to afford the full cost of obtaining from a private practitioner legal representation in the trial, the court may refuse to make an order under sub-section (2);
(b)	the legal burden of proof for the purposes of sub-section (2)(b) that the accused is unable to afford the full cost of obtaining legal representation rests on the accused;
(c)	for the purposes of proving under sub- section (2)(b) that the accused is unable to afford the full cost of obtaining legal representation, regard must be had to property—

(i)  that is subject to the effective control of the accused (whether or

Crimes (Amendment) Act 1998

Act No. 65/1998 s. 6

not the accused has an interest in
it); or

(ii)  in which the accused has an interest—

as determined in accordance with
section 9 or 10 of the Confiscation Act

1997;

(d)	a reference in sub-section (2) to the provision of assistance to the accused is a reference to the provision of legal representation;
(e)	the conditions that may be specified by the court under sub-section (2) do not include conditions relating to the identity, number or remuneration of persons representing the accused;
(f)	the court must give Victoria Legal Aid an opportunity to appear and be heard before an order is made under sub-

section (2).

(5) Despite anything to the contrary in section

17A of the Supreme Court Act 1986, of Appeal, with leave of the Court of Appeal, from an order under sub-section (2) of the Trial Division constituted by a Judge.

(6) This section, as amended by section 6 of the Crimes (Amendment) Act 1998, applies to and with respect to an order made by a court under sub-section (2) of this section after the commencement of that section, whether

proceedings relating to the relevant trial
commenced before or after that

commencement.".

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Crimes (Amendment) Act 1998

Notes Act No. 65/1998

NOTES

†

Minister's second reading speech—

Legislative Council: 7 October 1998

Legislative Assembly: 22 October 1998

The long title for the Bill for this Act was "to amend the Crimes Act
1958 and for other purposes."