Crimes Legislation Amendment Act 2017 (No 2) (ACT)

Case

Crimes Legislation Amendment Act 2017 (No 2)

A2017-9

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Crimes (Child Sex Offenders) Act 2005

4            Entry and search warrant—applicationSection 116C (3) (a)  3

Part 3Crimes (Sentence Administration) Act 2005

5            Automatic cancellation of parole order for ACT offenceSection 149 (1)  4

Part 4Crimes (Sentencing) Act 2005

6            Non-association and place restriction orders—when may be made Section 23 (4), definition of relevant offence, paragraphs (a) to (c)  5

Part 5Criminal Code 2002

7           New sections 369A and 369B  6

Part 6Firearms Act 1996

8Offences against Act—application of Criminal Code etc
Section 4, note 1, 7th dot point  7

9            Restrictions where alcohol or other drugs concernedSection 242 (1)  7

10          New section 242 (4)  7

11          Disposal of surrendered or seized firearmsSection 262 (1)  7

12          Licence categories and authority conferred Schedule 3, item 7, column 5  8

Crimes Legislation Amendment Act 2017 (No 2)

A2017-9

An Act to amend legislation about crime, 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 2017 (No 2).

  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 (Child Sex Offenders) Act 2005

    ·     Crimes (Sentence Administration) Act 2005

    ·     Crimes (Sentencing) Act 2005

    ·     Criminal Code 2002

    ·     Firearms Act 1996.

Part 2Crimes (Child Sex Offenders) Act 2005

  1. Entry and search warrant—application
    Section 116C (3) (a)

    substitute

    (a)the immediate use of an entry and search warrant is necessary—

    (i)for the purpose of verifying the offender’s personal details; or

    (ii)if the registrable offender is subject to an order under chapter 5A (Orders prohibiting offender conduct)—because the offender has breached, or is likely to breach, the order; and

Part 3Crimes (Sentence Administration) Act 2005

  1. Automatic cancellation of parole order for ACT offence
    Section 149 (1)

    substitute

    (1)This section applies if, while an offender’s parole order is in force, the offender—

    (a)commits an offence against a territory law that is punishable by imprisonment; and

    (b)is convicted or found guilty by a court of the offence.

Part 4Crimes (Sentencing) Act 2005

  1. Non-association and place restriction orders—when may be made
    Section 23 (4), definition of relevant offence,
    paragraphs (a) to (c)

    substitute

    (a)an offence against the Criminal Code, part 4.1 (Property damage offences) that is punishable by imprisonment for 5 years or more; or

    (b)an offence against the Criminal Code, chapter 6 (Serious drug offences); or

    (c)an offence against the Criminal Code, chapter 7 (Administration of justice offences) that is punishable by imprisonment for 5 years or more; or

    (ca)an offence against the Firearms Act 1996 that is punishable by imprisonment for 20 years or more; or

    (cb)an offence against the Crimes Act 1900, section 114B (Money laundering); or

Part 5Criminal Code 2002

  1. New sections 369A and 369B

    in division 3.9.2, insert

369AAlternative verdicts—aggravated robbery and robbery

(1)This section applies if, in a prosecution for aggravated robbery, the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed robbery.

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

369BAlternative verdicts—aggravated burglary and burglary

(1)This section applies if, in a prosecution for aggravated burglary, the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed burglary.

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

Part 6Firearms Act 1996

  1. Offences against Act—application of Criminal Code etc
    Section 4, note 1, 7th dot point

    omit

    (1) and

  2. Restrictions where alcohol or other drugs concerned
    Section 242 (1)

    substitute

    (1)A person commits an offence if the person—

    (a)is under the influence of alcohol or another drug; and

    (b)either—

    (i)has a firearm in the person’s physical possession; or

    (ii)uses a firearm.

    Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

  3. New section 242 (4)

    insert

    (4)In this section:

    physical possession—see section 10 (1) (a).

  4. Disposal of surrendered or seized firearms
    Section 262 (1)

    substitute

    (1)This section applies in relation to a firearm surrendered to or seized by a police officer under this Act or any other territory law.

  5. Licence categories and authority conferred
    Schedule 3, item 7, column 5

    substitute

    to—

    (a)    acquire, dispose of, possess, repair, maintain, manufacture, or store, in the course of carrying on the business of a firearms dealer, and only at the registered premises, any firearm to which the licence applies; and

    (b)    acquire or dispose of ammunition for those firearms; and

    (c)     test those firearms—

    (i)at the registered premises; or

    (ii)at an approved shooting range; or

    (iii)on rural land with the permission of the owner or occupier of the land; or

    (iv)on public unleased land in accordance with a permit under the Public Unleased Land Act 2013

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 15 December 2016.

  2. Notification

    Notified under the Legislation Act on 5 April 2017.

  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 2017 (No 2), which originated in the Legislative Assembly as the Crimes Legislation Amendment Bill 2016 and was passed by the Assembly on 28 March 2017.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2017

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0