Crimes and Courts Legislation Amendment Act 1999 (NSW)

An Act to amend the Summary Offences Act 1988 with respect to offences involving the intimidatory use of vehicles and vessels and offences involving prostitution, to amend the Supreme Court Act 1970 so as to allow for the appointment of additional Judges of Appeal and to amend the Young Offenders Act 1997 so as to allow that Act to be applied in certain circumstances as an alternative to the issuing of penalty notices; and for other purposes.

1Name of Act

This Act is the Crimes and Courts Legislation Amendment Act 1999.

2Commencement(1)

This Act commences on a day or days to be appointed by proclamation, subject to subsection (2).

(2)

Schedule 2 commences on the date of assent to this Act.

3Amendment of Summary Offences Act 1988 No 25

The Summary Offences Act 1988 is amended as set out in Schedule 1.

4Amendment of Supreme Court Act 1970 No 52

The Supreme Court Act 1970 is amended as set out in Schedule 2.

5Amendment of Young Offenders Act 1997 No 54

The Young Offenders Act 1997 is amended as set out in Schedule 3.

Schedule 1Amendment of Summary Offences Act 1988

(Section 3)

[1]Part 2, Division 2B

Insert after Division 2A of Part 2:

Division 2BIntimidatory use of vehicles and vessels11HIntimidatory use of vehicles and vessels(1)

A person must not operate a motorised vehicle or motorised vessel in a public place:

• (a)

  in such a manner as to harass or intimidate another person, or

• (b)

  in such a manner as would be likely to cause a person of reasonable firmness to fear for his or her personal safety.

Maximum penalty: 6 penalty units.

(2)

No person of reasonable firmness need actually be, or be likely to be, present at the scene.

(3)

A person is not liable to be convicted (in respect of the same act or omission) of both:

• (a)

  an offence under this section, and

• (b)

  an offence under section 4AA of the Traffic Act 1909 or section 43 of the Road Transport (Safety and Traffic Management) Act 1999.

(4)

In this section:

vehicle includes:

• (a)

  anything on wheels, tracks or skis, other than a vehicle used on a railway, tramway or monorail, and

• (b)

  anything else declared by the regulations to be a vehicle for the purposes of this section.

vessel includes:

• (a)

  anything that is used, or is capable of being used, as a means of transportation on, under or immediately above water, and

• (b)

  anything else declared by the regulations to be a vessel for the purposes of this section.

[2]Section 19 Soliciting clients by prostitutes

Insert after section 19 (4):

(5)

In this section:

• (a)

  a reference to a person who solicits another person for the purpose of prostitution is a reference to a person who does so as a prostitute, and

• (b)

  a reference to soliciting includes a reference to soliciting from a motor vehicle, whether moving or stationary.

[3]Section 19A

Insert after section 19:

19ASoliciting prostitutes by clients(1)

A person in a road or road related area must not, near or within view from a dwelling, school, church or hospital, solicit another person for the purpose of prostitution.

Maximum penalty: 6 penalty units or imprisonment for 3 months.

(2)

A person must not, in a school, church or hospital, solicit another person for the purpose of prostitution.

Maximum penalty: 6 penalty units or imprisonment for 3 months.

(3)

A person must not, in or near, or within view from, a dwelling, school, church, hospital or public place, solicit another person, for the purpose of prostitution, in a manner that harasses or distresses the other person.

Maximum penalty: 8 penalty units or imprisonment for 3 months.

(4)

The provisions of this section are in addition to, and do not derogate from, any other law (including section 4).

(5)

In this section:

• (a)

  a reference to a person who solicits another person for the purpose of prostitution is a reference to a person who does so as a prospective client of a prostitute, and

• (b)

  a reference to soliciting includes a reference to soliciting from a motor vehicle, whether moving or stationary.

Schedule 2Amendment of Supreme Court Act 1970

(Section 4)

Omit section 42 (c). Insert instead:

(c)

such other Judges as are appointed to be Judges of Appeal.

Schedule 3Amendment of Young Offenders Act 1997

(Section 5)

Insert after section 9 (2):

(2A)

In the case of an offence prescribed by the regulations, an investigating official must also determine the matters referred to in subsection (2) (a) and (b) before issuing a penalty notice for the offence.