Crimes Amendment Act 2007 (NSW)

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An Act to amend the Crimes Act 1900 to increase penalties for the reckless infliction of grievous bodily harm, to replace malicious as a fault element of offences, to modernise blackmail offences and to make other reforms of the criminal law.

1Name of Act

This Act is the Crimes Amendment Act 2007.

2Commencement(1)

Sections 1–6, Schedule 1 [7], Schedule 2 and Schedule 3.1 (except item [2]) commence on the date of assent to this Act.

(2)

This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (1).

3Amendment of Crimes Act 1900 No 40

The Crimes Act 1900 is amended as set out in Schedules 1 and 2.

4Consequential amendments to other Acts

The Acts specified in Schedule 3 are amended as set out in that Schedule.

5Explanatory notes

The matter appearing under the heading “Explanatory note” in any of the Schedules does not form part of this Act.

6Repeal of Act(1)

This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.

(2)

The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.

Schedule 1Principal amendments to Crimes Act 1900

(Section 3)

[1]Section 4 Definitions

Insert at the end of the definition of Grievous bodily harm in section 4 (1):

  • •

    , and

  • (c)

    any grievous bodily disease (in which case a reference to the infliction of grievous bodily harm includes a reference to causing a person to contract a grievous bodily disease).

  • Explanatory note

    The amendment extends the definition to make it clear that causing harm to a person includes causing a person to contract a disease. As a consequence, item [9] omits the separate offence under section 36.

    [2]Section 5 Maliciously

    Omit the section.

    Explanatory note

    This section (which defines “malicious” for the purposes of offences under the Act) is being repealed as a result of the replacement of that term in offences under the Act with the modern fault element of “intention” or “recklessness”.

    [3]Section 31 Documents containing threats, section 32 Impeding endeavours to escape shipwreck, section 42 Injuries to child at time of birth, section 46 Causing bodily injury by gunpowder etc, section 61J Aggravated sexual assault, section 61JA Aggravated sexual assault in company, section 61K Assault with intent to have sexual intercourse, section 66C Sexual intercourse—child between 10 and 16, section 80A Sexual assault by forced self-manipulation, section 95 Same in circumstances of aggravation, section 105A Definitions, section 138 Stealing, destroying etc records etc of any court or public office, section 154C Taking motor vehicle or vessel with assault or with occupant on board, section 195 Destroying or damaging property, section 201 Interfering with a mine, section 202 Causing damage etc to sea, river, canal and other works, section 210 Destroying, damaging etc an aid to…

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    Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.