Crimes Legislation Amendment Act 2018 (No 2) (ACT)
Crimes Legislation Amendment Act 2018 (No 2)
A2018-40
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
Part 2Confiscation of Criminal Assets Act 2003
4 Definitions for pt 13Section 195, definition of issuing officer, paragraph (a) 3
Part 3Crimes Act 1900
5 Definitions for pt 10Section 185, definition of issuing officer, paragraph (a) 4
Part 4Crimes (Child Sex Offenders) Act 2005
6 Entry and search warrant—applicationSection 116C (1) 5
7 Section 116C (1) 5
8 Section 116C (4) 5
9 What an entry and search warrant may authoriseSection 116H (3) (a) 6
10 Extension and amendment of entry and search warrantSection 116I (4) 6
11 Section 116I (5) 6
12 Revocation of entry and search warrantSection 116J (2) 6
13 Section 116J (3) 7
14 Further amendments, mentions of Magistrates Court 7
Part 5Crimes (Surveillance Devices) Act 2010
15 Who may issue warrants?Section 10 (1), new note 8
16 Dictionary, new definition of judge 8
Part 6Drugs of Dependence Act 1989
17 Search warrantsSection 187 (1), definition of issuing officer, paragraph (a) 9
Part 7Legislation Act 2001
18 Penalty unitsSection 133 (2) and example and note 10
Part 8Magistrates Court Act 1930
19 Court may waive committal proceedingsNew section 88B (1A) to (1C) 11
Part 9Supreme Court Act 1933
20 Back-up and related offencesSection 68D (1) (a) (i) 12
Crimes Legislation Amendment Act 2018 (No 2)
A2018-40
An Act to amend legislation about crimes, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1Preliminary
Name of Act
This Act is the Crimes Legislation Amendment Act 2018 (No 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)).
Legislation amended
This Act amends the following legislation:
· Confiscation of Criminal Assets Act 2003
· Crimes Act 1900
· Crimes (Child Sex Offenders) Act 2005
· Crimes (Surveillance Devices) Act 2010
· Drugs of Dependence Act 1989
· Legislation Act 2001
· Magistrates Court Act 1930
· Supreme Court Act 1933.
Part 2Confiscation of Criminal Assets Act 2003
Definitions for pt 13
Section 195, definition of issuing officer, paragraph (a)after
a judge,
insert
the associate judge,
Part 3Crimes Act 1900
Definitions for pt 10
Section 185, definition of issuing officer, paragraph (a)after
a judge,
insert
the associate judge,
Part 4Crimes (Child Sex Offenders) Act 2005
Entry and search warrant—application
Section 116C (1)after
sergeant
insert
(the applicant)
Section 116C (1)
omit
the Magistrates Court
substitute
a magistrate
Section 116C (4)
omit
court
substitute
magistrate
What an entry and search warrant may authorise
Section 116H (3) (a)omit
court
substitute
magistrate
Extension and amendment of entry and search warrant
Section 116I (4)omit
The Magistrates Court
substitute
A magistrate
Section 116I (5)
omit
If the court grants the application, it must
substitute
If the magistrate grants the application, the magistrate must
Revocation of entry and search warrant
Section 116J (2)omit
The court
substitute
A magistrate
Section 116J (3)
omit
The court
substitute
The magistrate
Further amendments, mentions of Magistrates Court
omit
Magistrates Court
substitute
magistrate
in
· section 116D (1)
· section 116E (3)
· section 116F
· section 116G (2) and (3)
· section 116H (1) (l)
· section 116J (1).
Part 5Crimes (Surveillance Devices) Act 2010
Who may issue warrants?
Section 10 (1), new noteinsert
NoteJudge includes the associate judge (see dict).
Dictionary, new definition of judge
insert
judge includes the associate judge.
Part 6Drugs of Dependence Act 1989
Search warrants
Section 187 (1), definition of issuing officer, paragraph (a)after
a judge,
insert
the associate judge,
Part 7Legislation Act 2001
Penalty units
Section 133 (2) and example and notesubstitute
(2)A penalty unit is—
(a)for an offence committed by an individual—$160; or
(b)for an offence committed by a corporation—$810.
Example
‘Maximum penalty: 10 penalty units.’ means that a person who is convicted of the relevant offence is liable to a maximum fine of 10 penalty units.
· If the person is an individual, the maximum fine is, therefore, $1 600 ($160 x 10).
· If the person is a corporation, the maximum fine is, therefore, $8 100 ($810 x 10).
Part 8Magistrates Court Act 1930
Court may waive committal proceedings
New section 88B (1A) to (1C)insert
(1A)If the court commits an accused person for trial under subsection (1) and the person has been charged with a back-up or related offence—
(a)the prosecutor must tell the court about the back-up or related offence; and
(b)the court must transfer the proceeding for the back-up or related offence to the Supreme Court, to be dealt with under the Supreme Court Act 1933, part 8.
(1B)Subsection (1A) does not prevent the accused person being charged with an offence after committal under subsection (1).
(1C)However, if the accused person is charged with a back-up or related offence after committal under subsection (1), the court must transfer the proceeding for the offence to the Supreme Court, to be dealt with under the Supreme Court Act 1933, part 8.
Part 9Supreme Court Act 1933
Back-up and related offences
Section 68D (1) (a) (i)substitute
(i)section 88B (Court may waive committal proceedings);
(ia)section 90A (7) (Plea of guilty at committal hearing);
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 20 September 2018.
Notification
Notified under the Legislation Act on 7 November 2018.
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 2018 (No 2), which originated in the Legislative Assembly as the Crimes Legislation Amendment Bill 2018 and was passed by the Assembly on 23 October 2018.
Clerk of the Legislative Assembly
© Australian Capital Territory 2018
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