Crimes (Amendment) Act (No 2) 1985 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Crimes (Amendment) Ordinance (No. 2) 1985

No. 16 of 1985

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 11 April 1985.

JAMES RAMSEY

Administrator

By His Excellency’s Command,

LIONEL BOWEN

Attorney-General

An Ordinance to amend the Crimes Act, 1900 of the State of New South Wales in its application to the Territory and to amend the Crimes (Amendment) Ordinance 1983.

Short title

1.  This Ordinance may be cited as the Crimes (Amendment) Ordinance (No. 2) 1985.¹

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.

Outstanding charges may be taken into account when passing sentence

3.  Section 448 of the Crimes Act is amended—

(a)by omitting from paragraph (1) (a) “Deputy Crown Solicitor, Australian Capital Territory” and substituting “Director of Public Prosecutions”; and

(b)by omitting from paragraph (1) (a) “with which the person has been charged (whether or not the person has been committed for trial in respect of those other offences)” and substituting “which the person convicted is alleged to have committed”.

Power to discharge or vary conditions of recognizance

4.  Section 556D of the Crimes Act is amended by omitting from sub-section (6) “Deputy Crown Solicitor, Australian Capital Territory” and substituting “Director of Public Prosecutions or on a person authorized by the Director of Public Prosecutions”.

Sixth Schedule

5.  The Sixth Schedule to the Crimes Act is amended—

(a)by omitting “Form of List of Other Offences Charged” and substituting “List of other alleged offences”;

(b)by omitting “Deputy Crown Solicitor’s Office” and substituting “Office of the Director of Public Prosecutions”;

(c)by omitting from paragraph (1) “other alleged offences with which you are charged” and substituting “other offences which you are alleged to have committed”; and

(d)by omitting “Deputy Crown Solicitor, Australian Capital Territory” and substituting “Director of Public Prosecutions”.

Amendment of the Crimes (Amendment) Ordinances 1983

6.  (1)  Section 3 of the Crimes (Amendment) Ordinance 1983² is amended by adding at the end thereof “and headings to Schedules and forms”.

(2)  Sub-section (1) shall be deemed to have come into operation on 22 September 1983.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 17 April 1985.

2. No. 27, 1983 as amended by No. 45, 1983.