Crimes Amendment Act 2000 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Crimes Amendment Act 2000

No 3 of 2000

An Act to amend the Crimes Act 1900

[Notified in ACT Gazette No. 10: 9 March 2000]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Crimes Amendment Act 2000.

2. Commencement

   This Act commences on the day it is notified in the Gazette.

3. Act amended

   This Act amends the Crimes Act 1900.

4. Insertion

   After Division 3B of Part 4 the following Division is inserted:

“Division 3C—Contamination of goods and related offences

“135M Definitions of contaminate and goods

In this Division—

contaminate, for goods, includes—

(a)    interfere with the goods; or

(b)    make it appear that the goods have been contaminated or interfered with.

goods includes a substance—

(a)    whether or not for human consumption; and

(b)    whether natural or manufactured; and

(c)    whether or not incorporated or mixed with other goods.

“135N Meaning of economic loss

In this Part, economic loss caused through public awareness of the contamination of goods, or the possibility of contamination, includes economic loss caused through—

(a)members of the public not buying or using the goods or similar goods; or

(b)steps taken to avoid public alarm or anxiety or to avoid harm to members of the public.

“135O

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.

Maximum penalty:  Imprisonment for 10 years.

“135P Threatening to contaminate goods with intent to cause public alarm or economic loss

1. A person must not threaten that goods will be contaminated with the intention of—

   (a)causing public alarm or anxiety; or

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

Maximum penalty:  Imprisonment for 10 years.

1. For this section, a threat may be made by any conduct, and may be explicit or implicit and conditional or unconditional.

“135Q

Making false statements about contamination of goods

with intent to cause public alarm or economic loss

1. A person must not make a statement that the person believes to be false with the intention of—

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

(b)in that way, either—

(i)causing public alarm or anxiety; or

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

Maximum penalty:  Imprisonment for 10 years.

1. For this section, making a statement includes communicating information by any means.

“135R Territorial nexus for offences

It is immaterial that the conduct of a person forming an offence under this Division happened outside the jurisdiction if the person intended by the conduct—

(a)to cause public alarm or anxiety in the Territory; or

(b)to cause economic loss in the Territory through public awareness of the contamination, or the possibility of contamination.”.

Endnote

Act amended

1. Republished as in force on 28 February 1999.  See also Acts 1999 Nos 32, 50 and 71.

[Presentation speech made in Assembly on 25 November 1999]

©  Australian Capital Territory 2000