Crimes Legislation Amendment Act 2003 (NSW)

An Act to amend certain Acts with respect to criminal offences and proceedings for criminal offences; and for other purposes.

This Act is the Crimes Legislation Amendment Act 2003.

The Acts set out in Schedules 1–15 are amended as set out in those Schedules.

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

(Section 3)

Insert “and, in that regard, is not bound by the principles or rules of law governing the admission of evidence” after “circumstances” in section 32 (3).

This Schedule amends section 32 of the Bail Act 1978 so as to make it clear that the principles and rules of law governing the admission of evidence do not apply to matters taken into consideration under that section for the purpose of making a determination as to the grant of bail. This will also make it clear that section 4 (1) (a) of the Evidence Act 1995 does not operate in relation to the making of such a determination.

(Section 3)

Omit “12 months” from section 6 (1). Insert instead “2 years”.

This Schedule amends section 6 of the Child Protection (Prohibited Employment) Act 1998 so as to double the maximum period for which a prohibited person may be sentenced to imprisonment for the offence of applying for, undertaking or remaining in child-related employment. This will bring the period of imprisonment into line with the maximum period of imprisonment that may be imposed on a convicted child sexual offender under section 11G of the Summary Offences Act 1988 for the offence of loitering near a school or a public place frequented by children.

(Section 3)

Omit “to the public” wherever occurring in section 52B (1) (b) and (c) and (3) (b) and (c).

Insert instead “to another person or persons”.

Insert “1A,” after “Parts” in section 63 (2).

Insert after section 308G (3):

Insert “, being data” before “to which” in the definition of restricted data in section 308H (3).

Omit “provisions, and” from section 474C (3) (a)…