Crimes Legislation Amendment Act 2009 (ACT)

Crimes Legislation Amendment Act 2009

A2009-24

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Legislation amended—sch 1  2

4. Legislation repealed  2

Schedule 1Legislation amended  3

Part 1.1Bail Act 1992  3

Part 1.2Court Procedures Act 2004  4

Part 1.3Crimes Act 1900  4

Part 1.4Crimes (Sentence Administration) Act 2005                   5

Part 1.5Crimes (Sentencing) Act 2005  7

Part 1.6Criminal Code 2002  8

Part 1.7Criminal Code Regulation 2005  8

Part 1.8Evidence (Miscellaneous Provisions) Act 1991               8

Part 1.9Magistrates Court Act 1930  15

Part 1.10Supreme Court Act 1933  18

Crimes Legislation Amendment Act 2009

A2009-24

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 2009.

2. Commencement

   This Act commences on the day after its notification day.

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

3. Legislation amended—sch 1

   This Act amends the legislation mentioned in schedule 1.

4. Legislation repealed

   The following regulations are repealed:

   ·     Crimes (Transitional Provisions) Regulation 2009 (SL2009-21)

   ·     Magistrates Court (Transitional Provisions) Regulation 2009 (SL2009-20).

Schedule 1Legislation amended

(see s 3)

Part 1.1Bail Act 1992

[1.1]Section 25 (9), new definition of chief executive

insert

chief executive means—

(a)if section 25A applies in relation to the accused person—the responsible chief executive decided under that section; or

(b)in any other case—the chief executive responsible for this Act.

[1.2]New section 25A (3) and (4)

insert

(3)If the responsible chief executive for matters relating to the supervision of an accused person is the chief executive responsible for the Children and Young People Act 2008, the accused person must be supervised as a person under 18 years old.

(4)If the responsible chief executive for matters relating to the supervision of an accused person is the chief executive responsible for this Act, the accused person must be supervised as an adult.

Part 1.2Court Procedures Act 2004

[1.3]Section 71 (5) (b)

omit

the offence

substitute

an offence

[1.4]Section 71 (7), new definition of victim

insert

victim, of an offence—see the Crimes (Sentencing) Act 2005, section 47.

[1.5]Section 72 (4), new definition of victim

insert

victim, of an offence—see the Crimes (Sentencing) Act 2005, section 47.

Part 1.3Crimes Act 1900

[1.6]Section 375A (4), examples and note

omit

[1.7]New section 600 (2) and (3)

insert

(2)That part, as in force immediately before the amendments commence, continues to apply to the proceeding.

(3)For subsection (1), the hearing in a proceeding for an offence has started if—

(a)the defendant has pleaded guilty to the charge and the court has accepted the plea; or

(b)the defendant has pleaded not guilty to the charge, or is taken to have pleaded not guilty to the charge under section 375 (6) and the court has begun to take oral or written evidence in the proceeding…