Crimes Legislation Amendment Act 2012 (NSW)

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An Act to amend certain legislation with respect to criminal offences and procedure; and for other purposes.

1Name of Act

This Act is the Crimes Legislation Amendment Act 2012.

2Commencement

This Act commences on the date of assent to this Act.

Schedule 1Amendment of Crimes Act 1900 No 40[1]Section 66F Sexual offences—cognitive impairment

Omit “an established de facto partner” from section 66F (7) (a) (ii).

Insert instead “the de facto partner”.

[2]Section 73 Sexual intercourse with child between 16 and 18 under special care

Insert “or the de facto partner of a parent, guardian or foster parent of the victim” after “victim” in section 73 (3) (a).

[3]Section 86 Kidnapping

Insert after section 86 (1) (a):

  • (a1)

    with the intention of committing a serious indictable offence, or

  • [4]Schedule 3 Abolished common law offences and rules

    Insert after clause 6:

    7Person who fails to disclose crime committed by the person’s husband or wife or de facto partner(1)

    Any common law rule that a person cannot be found guilty of an offence involving failing to disclose a crime committed by the person’s husband or wife or de facto partner is abolished.

    (2)

    This clause applies only to or in respect of an offence involving failing to disclose such a crime if the offence is committed, or alleged to have been committed, on or after the commencement of this clause.

    [5]Schedule 11 Savings and transitional provisions

    Insert at the end of the Schedule with appropriate Part and clause numbering:

    PartCrimes Legislation Amendment Act 2012

    An amendment to section 73 or 86 made by the Crimes Legislation Amendment Act 2012 applies only in respect of an offence committed, or alleged to have been committed, on or after the commencement of the amendment.

    Schedule 2Amendment of Criminal Procedure Act 1986 No 209[1]Section 281B Sensitive evidence—meaning

    Insert after section 281B (1):

    (1A)

    For the purposes of this Part, an audio recording of a person committing an offence against another person (the protected person) is sensitive evidence if:

    • (a)

      the contents of the audio recording are obscene or indecent, or

    • (b)

      providing a copy of the audio recording to another person without the protected person’s consent would interfere with the protected person’s privacy.

    (1B)

    The contents of an audio recording are not obscene or indecent merely because they include obscene or indecent language.

    [2]Section 281B (2)

    Insert “or (1A)” after “subsection (1)”.

    [3]Section 281B (2) (b)

    Omit “a video, held or seized by a prosecuting authority, showing”.

    Insert instead “a video or audio recording, held or seized by a prosecuting authority, of”.

    [4]Section 281D Procedures for giving access to sensitive evidence to accused person

    Insert “or listen to” after “view” in section 281D (2) (d).

    [5]Section 281D (2) (e)

    Omit “such a viewing”.

    Insert instead “the viewing of, or listening to, the thing”.

    [6]Section 281D (4)

    Insert “or listen to” after “view”.

    [7]Schedule 2…

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    Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.