Crimes Legislation Amendment Act 2011 (ACT)

Crimes Legislation Amendment Act 2011

A2011-7

Contents

Page

Part 1Preliminary

1. Name of Act  2

2. Commencement  2

3. Legislation amended  2

Part 2Crimes Act 1900

1. Meaning of sexual intercourse in pt 3

   
   

   New section 50 (2)  3

2. Act of indecency without consent

   
   

   Section 60 (1)  3

3. Section 60 (2)  3

4. New section 60 (3)  3

5. New section 63A  4

Part 3Crimes (Sentencing) Act 2005

1. Victim impact statements—use in court

   
   

   Section 52 (2) (a)  5

Part 4Criminal Code 2002

1. Unlawful possession of stolen property

   
   

   Section 324 (4), definition of stolen property  6

2. Trafficking in controlled drug

   
   

   Section 603, new note  6

3. New section 636A  6

Part 5Prostitution Act 1992

1. Disqualifying offences—Crimes Act 1900

   
   

   Schedule 1, new item 21A  8

Crimes Legislation Amendment Act 2011

A2011-7

An Act to amend legislation about crimes, and for other purposes

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

Part 1Preliminary

1. Name of Act

   This Act is the Crimes Legislation Amendment Act 2011.

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

   This Act amends the following legislation:

   ·     Crimes Act 1900

   ·     Crimes (Sentencing) Act 2005

   ·     Criminal Code 2002

   ·     Prostitution Act 1992.

Part 2Crimes Act 1900

1. Meaning of sexual intercourse in pt 3
   New section 50 (2)

   insert

   (2)In this section:

   object includes an animal.

2. Act of indecency without consent
   Section 60 (1)

   omit

   who knows that that other person does not consent, or who is reckless as to whether that other person consents,

   substitute

   who is reckless as to whether that other person consents

3. Section 60 (2)

   omit

   who knows that that other person does not consent, or who is reckless as to whether that other person consents,

   substitute

   who is reckless as to whether that other person consents

4. New section 60 (3)

   insert

   (3)For this section, proof of knowledge or recklessness is sufficient to establish the element of recklessness.

5. New section 63A

   insert

63ABestiality

A person commits an offence if the person engages in a sexual activity of any kind with an animal.

Maximum penalty: imprisonment for 10 years.

NoteA reference to an offence includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189).

Part 3Crimes (Sentencing) Act 2005

1. Victim impact statements—use in court
   Section 52 (2) (a)

   substitute

   (a)after any of the following:

   (i)the offender has pleaded guilty to the offence;

   (ii)the court has found the offence proved;

   (iii)the offender has been found guilty or convicted of the offence; and

Part 4Criminal Code 2002

1. Unlawful possession of stolen property
   Section 324 (4), definition of stolen property

   substitute

   stolen property means property obtained in a way that is an appropriation of property under section 304.

2. Trafficking in controlled drug
   Section 603, new note

   after section 603 (8), insert

   NoteFor an alternative verdict provision applying to an offence against this section, see s 636A.

3. New section 636A

   in part 6.6, insert

636AAlternative verdicts—trafficking in or possessing controlled drug

(1)This section applies if, in a prosecution for an offence against section 603 (Trafficking in controlled drug), the trier of fact—

(a)is not satisfied beyond reasonable doubt that the defendant committed the offence; but

(b)is satisfied beyond reasonable doubt that the defendant committed an alternative offence.

(2)The trier of fact may find the defendant guilty of the alternative offence, but only if the defendant has been given procedural fairness in relation to that finding of guilt.

(3)In this section:

alternative offence means an offence against—

(a)the Drugs of Dependence Act 1989, section 169 (Possessing drugs of dependence); or

(b)that Act, section 171 (Possessing prohibited substances); or

(c)the Medicines, Poisons and Therapeutic Goods Act 2008, section 36 (Possessing certain declared substances).

Part 5Prostitution Act 1992

1. Disqualifying offences—Crimes Act 1900
   Schedule 1, new item 21A

   insert

21A 63A bestiality

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 9 December 2010.

2. Notification

   Notified under the Legislation Act on 16 March 2011.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Crimes Legislation Amendment Bill 2011, which originated in the Legislative Assembly as the Crimes Legislation Amendment Bill 2010 and was passed by the Assembly on 8 March 2011.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2011