Crimes Legislation Amendment Act 2008 (ACT)

Crimes Legislation Amendment Act 2008

A2008-44

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Legislation amended—sch 1  2

Schedule 1Legislation amended  3

Part 1.1Confiscation of Criminal Assets Act 2003  3

Part 1.2Corrections Management Act 2007  9

Part 1.3Crimes Act 1900  9

Part 1.4Crimes (Forensic Procedures) Act 2000  18

Part 1.5Crimes (Sentencing) Act 2005  18

Part 1.6Criminal Code 2002  19

Part 1.7Domestic Violence and Protection Orders Act 2001        19

Part 1.8Domestic Violence and Protection Orders Act 2008        20

Part 1.9Evidence (Miscellaneous Provisions) Act 1991              20

Part 1.10Legislation Act 2001  21

Part 1.11Magistrates Court Act 1930  22

Part 1.12Prostitution Act 1992  34

Part 1.13Supreme Court Act 1933  34

Part 1.14Witness Protection Act 1996  36

Crimes Legislation Amendment Act 2008

A2008-44

An Act to amend legislation in relation to criminal proceedings

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

1. Name of Act

   This Act is the Crimes Legislation Amendment Act 2008.

2. Commencement

   (1)This Act commences on a day fixed by the Minister by written notice.

   Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

   (2)If this Act has not commenced within 9 months beginning on its notification day, it automatically commences on the first day after that period.

   (3)The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to this Act.

3. Legislation amended—sch 1

   This Act amends the legislation mentioned in schedule 1.

Schedule 1Legislation amended

(see s 3)

Part 1.1Confiscation of Criminal Assets Act 2003

[1.1]Part 3, note 1, dot point

omit

·indictable offence—see s 13 (2)

[1.2]Part 3, note 1, dot point

omit

·ordinary indictable offence—see s 13 (2)

substitute

·ordinary offence—see s 13 (2)

[1.3]Part 3, note 1, new dot point

insert

·relevant offence—see s 13 (2)

[1.4]Section 13 (2)

substitute

(2)In this Act:

ordinary offence means a relevant offence other than a serious offence.

relevant offence—

(a)means an offence punishable by imprisonment for longer than 12 months; and

(b)includes an offence (however described) against the law of the Commonwealth, a State or another Territory that may be dealt with under a law of the Commonwealth, the State or the other Territory as an indictable offence (or in a way corresponding to the way in which an indictable offence against an ACT law may be dealt with), even if it may also be dealt with as a summary offence (however described) in some circumstances.

NoteAn offence against an ACT law is an indictable offence if it is punishable by imprisonment for longer than 2 years, or is declared by law to be an indictable offence (see Legislation Act, s 190 (1)).