Crimes Legislation Amendment Act 2019 (ACT)

Crimes Legislation Amendment Act 2019

A2019-23

Contents

Page

Part 1      Preliminary
1            Name of Act  2
2            Commencement  2
3            Legislation amended  2
Part 2Bail Act 1992
4            Rights following grant of bailSection 6 (3)  3
5            Power in relation to bail—Magistrates CourtSection 20 (1) (b) (ii)  3
6            Section 56A  3
Part 3Confiscation of Criminal Assets Act 2003
7           Meaning of narcotic substance and property for div 7.3Section 90, definition of narcotic substance  7
8            New section 90 (2)  7
9            New division 10.1 etc  7
10          Section 128 heading  8
11          Section 128  9
12          Meaning of equitable sharing programSection 129 (1)  9
13          Section 129 (2), new definition of proceeds of an unlawful activity           9
14          Payments into trust fundNew section 131 (1) (j)  9
15          Purposes of trust fundNew section 132 (1) (g)  10
16          New division 10.3  10
17          Dictionary, new definitions  14
18          Dictionary, definitions of distributable funds and equitable sharing program 15
19          Dictionary, new definitions  15
20          Dictionary, definition of reserved funds  16
21          Dictionary, new definition of shareable  16
Part 4Confiscation of Criminal Assets Regulation 2003
22          Other narcotic substancesSchedule 1, new section 1.1  17
23          Schedule 1, item 8  17
Part 5Crimes Act 1900
24          Acts endangering life etcSection 27 (1), new definitions  18
25          Acts endangering health etcSection 28 (1), new definitions  18
Part 6Criminal Code 2002
26          Definitions—ch 6Section 600, definition of cannabis  19
27          New section 600 (2)  19
Part 7Criminal Code Regulation 2005
28          Prohibited substancesSchedule 1, part 1.2, item 36  20
29          Dictionary, new definition of cannabis food product  20
Part 8Drugs of Dependence Act 1989
30          New part 2 heading  21
31          New section 6  21
32          Dictionary, definition of cannabis, paragraph (b)  23
33          Dictionary, new definition of cannabis food product  23
Part 9Family Violence Act 2016
34          Giving evidence by affidavit for interim orderSection 62A (2) (b)  24
35          New section 70G  24
Part 10Firearms Act 1996
36          Offence—unauthorised possession or use of prohibited firearmsSection 42 (b)  25
37          Section 42, note  25
38          New section 42 (2)  25
39          Offence—unauthorised possession or use of firearms other than prohibited firearmsSection 43 (1) (b)  26
40          Section 43 (1), note  26
41          New section 43 (1A)  26
42          Offence—disposal of firearms by unauthorised holders generallySection 237 (1) (b)  27
43          Section 237 (2), new note  27
44          New section 237 (3)  27
45          Offence—disposal of inherited firearmsSection 238 (b)  28
46          New section 238 (2)  28
47          Offence—possessing ammunition generallySection 249 (1) (b)  29
48          Section 249 (2), new note  29
49          Section 249 (3), new note  29
50          New section 249 (5)  30
Part 11Medicines, Poisons and Therapeutic Goods Act 2008
51          Meaning of prohibited substance and schedule 10 substance—ActSection 13, definition of prohibited substance, except note                 31
52          New section 13 (2)  31
Part 12Personal Violence Act 2016
53          Giving evidence by affidavit for interim orderSection 57A (2) (b)  32
54          New section 64G  32
Part 13Road Transport (Alcohol and Drugs) Act 1977
55          Prescribed drug in oral fluid or blood––driver or driver trainerNew section 20 (3A)  33
56          Section 20 (5), new definition of cannabis food product  33

Crimes Legislation Amendment Act 2019

A2019-23

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 2019.
Commencement
(1)This Act (other than part 2) commences on the 7th day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
(2)Part 2 commences on a day fixed by the Minister by written notice.
NoteA single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
(3)If Part 2 has not commenced within 3 months beginning on this Act’s notification day, it automatically commences on the first day after that period.
Legislation amended
This Act amends the legislation mentioned in parts 2 to 13.

Part 2Bail Act 1992

Rights following grant of bail
Section 6 (3)
omit
section 56A (Arrest without warrant of person on bail)
substitute
section 56A (Arrest for failure to comply with bail condition)
Power in relation to bail—Magistrates Court
Section 20 (1) (b) (ii)
omit
section 56A (Arrest without warrant of person on bail)
substitute
section 56A (Arrest for failure to comply with bail condition)
Section 56A
substitute

56AArrest for failure to comply with bail condition
(1)This section applies if—
(a)a person has been granted bail in the ACT or a State; and
NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).

(b)a police officer believes on reasonable grounds that the person—
(i)has failed to comply with a bail condition; or
(ii)will not comply with a bail condition.

(2)A police officer may, without a warrant, arrest the person.

56AAPolice power to enter premises to arrest
(1)This section applies if—
(a)a police officer has power under section 56A to arrest a person without a warrant; and
(b)the offence for which the person has been granted bail is a relevant offence; and
(c)the police officer believes on reasonable grounds that the person is on premises that are not a public place.
(2)The police officer may enter the premises to search the premises for the person or to arrest the person, using the force that is necessary and reasonable in the circumstances.
(3)However, the police officer must not enter a dwelling house under this section unless the police officer believes on reasonable grounds that—
(a)it is necessary having regard to the circumstances of the person’s failure to comply, or expected failure to comply, with the bail condition; and
(b)it would not be reasonable to arrest the person somewhere else; and
(c)for entry before 6 am or after 9 pm on any day—
(i)it is necessary to do so to prevent the concealment, loss or destruction of evidence of a matter relating to whether the person has failed to comply, or will not comply, with a bail condition; or
(ii)it would not be practicable to arrest the person at another time.

(4)In this section:
dwelling house—see the Crimes Act 1900, section 220 (4).
premises—see the Crimes Act 1900, section 185.
public place—see the Crimes Act 1900, section 174.
relevant offence—see the Crimes Act 1900, section 220 (4).

56ABPolice officer must announce entry before entering
(1)A police officer must, before entering premises under section 56AA (2)—
(a)announce that the police officer is authorised to enter the premises; and
(b)give any person at the premises an opportunity to allow entry to the premises.
(2)A police officer is not required to comply with subsection (1) if they believe on reasonable grounds that immediate entry to the premises is required to ensure—
(a)the safety of a person (including a police officer); or
(b)that the arrest is not frustrated.

56ACPolice powers on arrest for failure to comply with bail condition
The following sections of the Crimes Act 1900 apply in relation to the arrest of a person under section 56A as if the person were arrested for an offence:
(a)section 221 (Use of force in making arrest);
(b)section 222 (Persons to be informed of grounds of arrest);
(c)section 223 (Power to conduct frisk search of arrested person);
(d)section 224 (Power to conduct ordinary search of arrested person);
(e)section 225 (Power to conduct search of arrested person’s premises);
(f)section 226 (Power to conduct search at police station);
(g)section 227 (Power to conduct strip search);
(h)section 228 (Rules for conduct of strip search);
(i)section 229 (Safekeeping of things seized).

56ADArrested person to be brought before court
(1)If a police officer arrests a person under section 56A, the police officer must bring the person before a court as soon as practicable.
(2)The court may—
(a)for a person granted bail in the ACT—exercise the same powers in relation to bail as it has in relation to any other accused person in custody; or
(b)for a person granted bail in a State—
(i)release the person unconditionally; or
(ii)grant the person bail subject to the conditions that the court considers appropriate; or
(iii)remand the person in custody for a reasonable time while a warrant for the person’s arrest is obtained from the State.

(3)A release mentioned in subsection (2) (b) (i) does not affect the grant of bail in the State.
NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).

Part 3Confiscation of Criminal Assets Act 2003

Meaning of narcotic substance and property for div 7.3
Section 90, definition of narcotic substance
substitute
narcotic substance—
(a)see the Customs Act 1901 (Cwlth), section 4; and
(b)includes anything prescribed by regulation for this definition; but
(c)does not include cannabis food products.
New section 90 (2)
insert
(2)In this section:
cannabis food product—see the Drugs of Dependence Act 1989, section 6.
New division 10.1 etc
insert

Division 10.1 Preliminary
127ADefinitions—pt 10
In this part:
corresponding proceeds, of a State or the Territory—see the NCSUW agreement.
NoteState includes the Northern Territory (see Legislation Act, dict).

national cooperative scheme means the national cooperative scheme on unexplained wealth.
national cooperative scheme on unexplained wealth means a scheme under which any or all of the following happen:
(a)the Territory shares with the Commonwealth or a State, in accordance with division 10.3 (National cooperative scheme on unexplained wealth), any corresponding proceeds of the Territory that are shareable;
(b)the Commonwealth shares with the Territory, in accordance with a law of the Commonwealth, any proceeds of confiscated assets that are shareable;
(c)a State shares with the Territory, in accordance with a law of the State, any corresponding proceeds of the State that are shareable.
NCSUW agreement means the Intergovernmental Agreement on the National Cooperative Scheme on Unexplained Wealth, entered into by the Australian Capital Territory on 6 December 2018, as in force from time to time.
proceeds of confiscated assets—see the Proceeds of Crime Act 2002 (Cwlth), section 296 (3).
shareable, in relation to proceeds of confiscated assets or corresponding proceeds under the national cooperative scheme—see the NCSUW agreement.

Division 10.2 Establishment and payments into and out of the trust fund

Section 128 heading
substitute
Definitions—div 10.2
Section 128
omit
In this part:
substitute
In this division:
Meaning of equitable sharing program
Section 129 (1)
omit
In this part:
substitute
In this division:
Section 129 (2), new definition of proceeds of an unlawful activity
insert
proceeds of an unlawful activity do not include proceeds of confiscated assets, or corresponding proceeds, that are shareable under the national cooperative scheme.
NoteProceeds that are shareable are dealt with in div 10.3 under the national cooperative scheme on unexplained wealth.
Payments into trust fund
New section 131 (1) (j)
insert
(j)amounts paid to the Territory under the national cooperative scheme.
Purposes of trust fund
New section 132 (1) (g)
insert
(g)payments by the Territory under the national cooperative scheme.
New division 10.3
insert

Division 10.3 National cooperative scheme on unexplained wealth
Subdivision 10.3.1 Important concepts
135ADefinitions—div 10.3
In this division:
CJC subcommittee—see section 135E.
contributing jurisdiction means any of the following that make a contribution for the purposes of the national cooperative scheme:
(a)the Commonwealth;
(b)a participating State;
(c)a cooperating State;
(d)the Northern Territory.
contribution—see the NCSUW agreement.
cooperating jurisdiction committee—see the NCSUW agreement.
cooperating State—see the Proceeds of Crime Act 2002 (Cwlth), section 14F.
decision-making period—see section 135B.
non-participating State—see the Proceeds of Crime Act 2002 (Cwlth), section 338.
participating State—see the Proceeds of Crime Act 2002 (Cwlth), section 14C.

135BMeaning of decision‑making period—div 10.3
(1)In this division:
decision-making period—
(a)see the NCSUW agreement; or
(b)if paragraph (a) does not apply—means the period prescribed by regulation as the decision‑making period for the national cooperative scheme.
(2)A decision‑making period may start or end before an amount is paid into the trust fund.
Example
The NCSUW agreement or a regulation may provide that, for shareable proceeds that are to be paid to the Territory under a forfeiture order, the decision‑making period starts when the order is made.

Subdivision 10.3.2 Sharing with the Commonwealth or a State
135CPurpose of subdiv 10.3.2
This subdivision sets out the process under the national cooperative scheme for sharing with the Commonwealth or a State any corresponding proceeds of the Territory that are shareable.
NoteState includes the Northern Territory (see Legislation Act, dict).

135DShareable proceeds of the Territory to be reduced to net amount
(1)The corresponding proceeds of the Territory that are shareable with the Commonwealth or a State under the national cooperative scheme must be reduced by any amount payable under the following sections:
(a)section 132 (1) (a), (d) and (e) (Purposes of trust fund);
(b)section 235 (Compensation).
(2)The amount remaining after the reduction is the net amount.

135ECooperating jurisdiction committee to establish CJC subcommittee
(1)The cooperating jurisdiction committee must establish a subcommittee (the CJC subcommittee) to decide matters under this division about the net amount.
(2)The CJC subcommittee must consist of the following members of the cooperating jurisdiction committee:
(a)the Territory;
(b)if, in the decision-making period, the cooperating jurisdiction committee makes a unanimous decision that the Commonwealth, a participating State, a cooperating State or the Northern Territory made a contribution to the recovery of the corresponding proceeds of the Territory—each contributing jurisdiction.

135FNon‑participating non-cooperating States’ share
(1)This section applies if, in the decision‑making period, the CJC subcommittee makes a unanimous decision that—
(a)a non‑participating non‑cooperating State made a contribution to the recovery of the corresponding proceeds of the Territory; and
(b)it is appropriate that a stated proportion of the net amount be payable to the State.
(2)The stated proportion of the net amount is payable to the State under the national cooperative scheme.
(3)In this section:
non‑participating non-cooperating state means a non‑participating state that is not a cooperating state.

135GParticipating States’, cooperating States’ and Northern Territory’s share
(1)If the CJC subcommittee includes a contributing jurisdiction—
(a)any remaining net amount is to be divided into equal proportions between the Territory and each contributing jurisdiction; and
(b)the proportion for each contributing jurisdiction is payable to the jurisdiction under the national cooperative scheme.
(2)However, if, in the decision‑making period, the CJC subcommittee makes a unanimous decision that it is inappropriate for the remaining net amount to be divided equally—
(a)any remaining net amount is to be divided into the proportions considered appropriate by the CJC subcommittee; and
(b)the proportion for each contributing jurisdiction is payable to the jurisdiction under the national cooperative scheme.
(3)In this section:
remaining net amount means any proportion of the net amount remaining after the stated proportion is deducted under section 135F (Non‑participating non-cooperating States’ share).

135HWhen decisions about amounts may be made
A decision may be made under this division in relation to an amount before the amount is paid into the trust fund or becomes the net amount.
Example
If a forfeiture order is made that requires a person to pay to the Territory an amount, the cooperating jurisdiction committee may establish a CJC subcommittee, and the CJC subcommittee may make decisions under this division about the sharing of the amount, before the amount is paid into the trust fund or becomes the net amount.

135IPayment period
(1)If an amount is payable to the Commonwealth or a State under this division, the Minister must ensure that the amount is paid to the Commonwealth or State before the end of—
(a)the payment period; or
(b)if paragraph (a) does not apply—the period prescribed by regulation.
(2)In this section:
payment period—see the NCSUW agreement.

Dictionary, new definitions
insert
CJC subcommittee, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135E.
contributing jurisdiction, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135A.
contribution, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135A.
cooperating jurisdiction committee, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135A.
cooperating State, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135A.
corresponding proceeds, of a State or the Territory, for part 10 (Confiscated assets trust fund)—see section 127A.
decision-making period, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135B.
Dictionary, definitions of distributable funds and equitable sharing program
substitute
distributable funds, for division 10.2 (Establishment and payments into and out of the trust fund)—see section 128.
equitable sharing program, for division 10.2 (Establishment and payments into and out of the trust fund)—see section 129.
Dictionary, new definitions
insert
national cooperative scheme, for part 10 (Confiscated assets trust fund)—see section 127A.
national cooperative scheme on unexplained wealth, for part 10 (Confiscated assets trust fund)—see section 127A.
NCSUW agreement, for part 10 (Confiscated assets trust fund)—see section 127A.
non-participating State, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135A.
participating State, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135A.
proceeds of confiscated assets, for part 10 (Confiscated assets trust fund)—see section 127A.
Dictionary, definition of reserved funds
substitute
reserved funds, for division 10.2 (Establishment and payments into and out of the trust fund)—see section 128.

Dictionary, new definition of shareable
insert
shareable, in relation to proceeds of confiscated assets or corresponding proceeds under the national cooperative scheme, for part 10 (Confiscated assets trust fund)—see section 127A.

Part 4Confiscation of Criminal Assets Regulation 2003

Other narcotic substances
Schedule 1, new section 1.1
before the table, insert

1.1Meaning of cannabis food product—sch 1
In this schedule:
cannabis food product—see the Drugs of Dependence Act 1989, section 6.

Schedule 1, item 8
substitute

8	Cannabis, other than a cannabis food product

Part 5Crimes Act 1900

Acts endangering life etc
Section 27 (1), new definitions
insert
choke, a person, includes apply pressure, to any extent, to the person’s neck.
strangle, a person, includes apply pressure, to any extent, to the person’s neck.
suffocate, a person, includes the following:
(a)obstruct, to any extent, any part of the person’s—
(i)respiratory system; or
(ii)accessory systems of respiration;
(b)interfere, to any extent, with the operation of the person’s—
(i)respiratory system; or
(ii)accessory systems of respiration;
(c)impede, to any extent, the person’s respiration.
Acts endangering health etc
Section 28 (1), new definitions
insert
choke, a person—see section 27 (1).
strangle, a person—see section 27 (1).
suffocate, a person—see section 27 (1).

Part 6Criminal Code 2002

Definitions—ch 6
Section 600, definition of cannabis
substitute
cannabis—
(a)means a substance consisting of or containing—
(i)the fresh or dried parts of a cannabis plant; or
(ii)tetrahydrocannabinol; but
(b)does not include—
(i)goods that consist completely or mainly of cannabis fibre; or
(ii)cannabis food products.
New section 600 (2)
insert
(2)In this section:
cannabis food product—see the Drugs of Dependence Act 1989, section 6.

Part 7Criminal Code Regulation 2005

Prohibited substances
Schedule 1, part 1.2, item 36
substitute

Cannabis oil, except cannabis food products

25.00

2.50

12.50

Dictionary, new definition of cannabis food product
insert
cannabis food product—see the Drugs of Dependence Act 1989, section 6.

Part 8Drugs of Dependence Act 1989

New part 2 heading
after section 4, insert

Part 2Interpretation

New section 6
insert
Meaning of cannabis food product
(1)In this Act:
cannabis food product means any of the following products:
(a)low THC cannabis seeds if—
(i)the seeds contain not more than—
(A)5 mg/kg of total THC; and
(B)75 mg/kg of cannabidiol; and
(ii)the only cannabinoids in or on the seeds are naturally present; and
(iii)for seeds that are a food for retail sale or an ingredient in a food for retail sale—the seeds are non‑viable and hulled;
(b)oil extracted from low THC cannabis seeds if—
(i)the oil contains not more than—
(A)10 mg/kg of total THC; and
(B)75 mg/kg of cannabidiol; and
(ii)the only cannabinoids in the oil are those that were naturally present in or on the seeds from which the oil was extracted;
(c)a beverage derived from low THC cannabis seeds if—
(i)the beverage contains not more than—
(A)0.2 mg/kg of total THC; and
(B)75 mg/kg of cannabidiol; and
(ii)the only cannabinoids in the beverage are those that were naturally present in or on the seeds from which the beverage was derived;
(d)any other product extracted or derived from low THC cannabis seeds if—
(i)the product contains not more than—
(A)5 mg/kg of total THC; and
(B)75 mg/kg of cannabidiol; and
(ii)the only cannabinoids in the product are those that were naturally present in or on the seeds from which the product was extracted or derived.
(2)In this section:
hulled seeds means seeds from which the outer coat or hull has been removed.
low THC cannabis sativa means cannabis sativa in which the leaves and flowering heads do not contain more than 1% delta 9‑tetrahydrocannabinol.
low THC cannabis seeds means seeds of low THC cannabis sativa.
non-viable seeds means seeds that are not able to germinate.
seeds includes a part of a seed.
total THC means the total amount of delta 9-tetrahydrocannabinol and delta 9‑tetrahydrocannabinolic acid.
Dictionary, definition of cannabis, paragraph (b)
substitute
(b)does not include—
(i)cannabis resin; or
(ii)cannabis fibre; or
(iii)cannabis food products.
Dictionary, new definition of cannabis food product
insert
cannabis food product—see section 6.

Part 9Family Violence Act 2016

Giving evidence by affidavit for interim order
Section 62A (2) (b)
substitute
(b)sworn or affirmed before a police officer of, or above, the rank of sergeant.
NoteAn affidavit may also be sworn or affirmed before a person mentioned in the Oaths and Affirmations Act 1984, s 11.
New section 70G
in division 4.4A, insert

70GAffidavit of service of documents by police
If a police officer serves a document on a person under this Act, an affidavit of service by the police officer may be sworn or affirmed before another police officer of, or above, the rank of sergeant.
NoteAn affidavit may also be sworn or affirmed before a person mentioned in the Oaths and Affirmations Act 1984, s 11.

Part 10Firearms Act 1996

Offence—unauthorised possession or use of prohibited firearms
Section 42 (b)
substitute
(b)is not authorised by a licence or permit to possess or use each of the prohibited firearms.
Section 42, note
omit
New section 42 (2)
insert
(2)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant is authorised to possess or use each of the prohibited firearms under 1 or more of the following sections:
(a)section 136 (Temporary recognition of interstate licences—general);
(b)section 137 (Temporary recognition of interstate category C licences);
(c)section 138 (Interstate residents moving to ACT—category A, B, and paintball marker licences);
(d)section 139 (Interstate residents moving to ACT—category C and H licences);
(e)section 140 (Temporary recognition of interstate licences for international visitors—shooting or paintball competitions);
(f)section 140A (Temporary recognition of interstate category D licences—vertebrate pest animal control).
Note 1The defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code, s 59).
Note 2Certain people are exempt from this offence in certain circumstances (see s 23 and sch 2).
Offence—unauthorised possession or use of firearms other than prohibited firearms
Section 43 (1) (b)
substitute
(b)is not authorised by a licence or permit to possess or use each of the firearms.
Section 43 (1), note
omit
New section 43 (1A)
insert
(1A)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant is authorised to possess or use each of the firearms under 1 or more of the following sections:
(a)section 136 (Temporary recognition of interstate licences—general);
(b)section 137 (Temporary recognition of interstate category C licences);
(c)section 138 (Interstate residents moving to ACT—category A, B, and paintball marker licences);
(d)section 139 (Interstate residents moving to ACT—category C and H licences);
(e)section 140 (Temporary recognition of interstate licences for international visitors—shooting or paintball competitions);
(f)section 140A (Temporary recognition of interstate category D licences—vertebrate pest animal control).
Note 1The defendant has a legal burden in relation to the matters mentioned in s (1A) (see Criminal Code, s 59).
Note 2Certain people are exempt from this offence in certain circumstances (see s 23 and sch 2).
Offence—disposal of firearms by unauthorised holders generally
Section 237 (1) (b)
substitute
(b)the person is not authorised by a licence or permit to possess the firearm; and
Section 237 (2), new note
insert
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
New section 237 (3)
insert
(3)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant is authorised to possess the firearm under 1 or more of the following sections:
(a)section 136 (Temporary recognition of interstate licences—general);
(b)section 137 (Temporary recognition of interstate category C licences);
(c)section 138 (Interstate residents moving to ACT—category A, B, and paintball marker licences);
(d)section 139 (Interstate residents moving to ACT—category C and H licences);
(e)section 140 (Temporary recognition of interstate licences for international visitors—shooting or paintball competitions);
(f)section 140A (Temporary recognition of interstate category D licences—vertebrate pest animal control).
Note 1The defendant has a legal burden in relation to the matters mentioned in s (3) (see Criminal Code, s 59).
Note 2Certain people are exempt from this offence in certain circumstances (see s 23 and sch 2).
Offence—disposal of inherited firearms
Section 238 (b)
substitute
(b)the person is not authorised by a licence or permit to possess the firearm; and
New section 238 (2)
insert
(2)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant is authorised to possess the firearm under 1 or more of the following sections:
(a)section 136 (Temporary recognition of interstate licences—general);
(b)section 137 (Temporary recognition of interstate category C licences);
(c)section 138 (Interstate residents moving to ACT—category A, B, and paintball marker licences);
(d)section 139 (Interstate residents moving to ACT—category C and H licences);
(e)section 140 (Temporary recognition of interstate licences for international visitors—shooting or paintball competitions);
(f)section 140A (Temporary recognition of interstate category D licences—vertebrate pest animal control).
Note 1The defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code, s 59).
Note 2Certain people are exempt from this offence in certain circumstances (see s 23 and sch 2).
Offence—possessing ammunition generally
Section 249 (1) (b)
substitute
(b)the person is not authorised by a licence or permit to possess or acquire the ammunition.
Section 249 (2), new note
insert
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
Section 249 (3), new note
insert
Note 2The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
New section 249 (5)
insert
(5)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant is authorised to possess or acquire the ammunition under 1 or more of the following sections:
(a)section 136 (Temporary recognition of interstate licences—general);
(b)section 137 (Temporary recognition of interstate category C licences);
(c)section 138 (Interstate residents moving to ACT—category A, B, and paintball marker licences);
(d)section 139 (Interstate residents moving to ACT—category C and H licences);
(e)section 140 (Temporary recognition of interstate licences for international visitors—shooting or paintball competitions);
(f)section 140A (Temporary recognition of interstate category D licences—vertebrate pest animal control).
Note 1The defendant has a legal burden in relation to the matters mentioned in s (5) (see Criminal Code, s 59).
Note 2Certain people are exempt from this offence in certain circumstances (see s 23 and sch 2).

Part 11Medicines, Poisons and Therapeutic Goods Act 2008

Meaning of prohibited substance and schedule 10 substance—Act
Section 13, definition of prohibited substance, except note
substitute
prohibited substance—
(a)means a substance to which the medicines and poisons standard, schedule 9 applies; but
(b)does not include cannabis food products.
New section 13 (2)
insert
(2)In this section:
cannabis food product—see the Drugs of Dependence Act 1989, section 6.

Part 12Personal Violence Act 2016

Giving evidence by affidavit for interim order
Section 57A (2) (b)
substitute
(b)sworn or affirmed before a police officer of, or above, the rank of sergeant.
NoteAn affidavit may also be sworn or affirmed before a person mentioned in the Oaths and Affirmations Act 1984, s 11.
New section 64G
in division 4.4A, insert

64GAffidavit of service of documents by police
If a police officer serves a document on a person under this Act, an affidavit of service by the police officer may be sworn or affirmed before another police officer of, or above, the rank of sergeant.
NoteAn affidavit may also be sworn or affirmed before a person mentioned in the Oaths and Affirmations Act 1984, s 11.

Part 13Road Transport (Alcohol and Drugs) Act 1977

Prescribed drug in oral fluid or blood––driver or driver trainer
New section 20 (3A)
insert
(3A)A defendant in a prosecution for an offence against this section cannot rely on the Criminal Code, section 36 (Mistake of fact—strict liability) in relation to having delta-9-tetrahydrocannabinol in the defendant’s oral fluid or blood if the defendant’s mistake relates to the effect of consumption of a cannabis food product on the presence of delta-9-tetrahydrocannabinol in the defendant’s oral fluid or blood.
Section 20 (5), new definition of cannabis food product
insert
cannabis food product—see the Drugs of Dependence Act 1989, section 6.

Endnotes

Presentation speech
Presentation speech made in the Legislative Assembly on 16 May 2019.
Notification
Notified under the Legislation Act on 8 August 2019.
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 2019, which was passed by the Legislative Assembly on 1 August 2019.
Clerk of the Legislative Assembly
© Australian Capital Territory 2019