Crimes Legislation Amendment Act 2024 (ACT)

Crimes Legislation Amendment Act 2024

A2024-12

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Bail Act 1992

4            Right of review of bail decisions—prosecutionSection 44 (5) (b)  3

Part 3Confiscation of Criminal Assets Act 2003

5            New section 258A  4

Part 4Crimes Act 1900

6            Destroying or damaging propertySection 116 (3) (d)  5

Part 5Crimes (Sentencing) Act 2005

7           Fines—orders to paySection 14 (1)  6

8            Section 64 (2), definition of excluded sentence of imprisonment, paragraph (e) 6

9            Dictionary, note 2  6

10          Dictionary, definition of corrections officer  6

Part 6Crimes (Sentencing) Regulation 2006

11          Criminal justice entities—Act, s 136 (4) def criminal justice entity, par (i)Section 3 (1) (i) and (j)  7

Part 7Evidence Act 2011

12          Exclusion of evidence of reasons for judicial etc decisionsSection 129 (5) (a) (ii)  8

Part 8Juries Act 1967

13          New section 4  9

14          Section 38  9

15          Adjournment of trial on discharge of jury for disagreementSection 40  11

16          New section 42BA  11

17          Confidentiality of jury deliberations and identitiesSection 42C (11), new definition of offence relating to jury deliberations   12

18          Dictionary, new definitions  12

Part 9Magistrates Court Act 1930

19          Extension of time to pay penaltySection 124 (1) (a)  13

20          New section 124 (3)  13

21          Effect of payment of infringement notice penaltySection 125 (3)  13

22          Application for infringement notice management plan or addition to plan—decisionNew section 131AB (4A)  14

23          New sections 131ACA and 131ACB  14

Part 10Magistrates Court Regulation 2009

24          New sections 3B and 3C  18

Part 11Victims of Crime Act 1994

25          Membership of boardSection 22C (c)  19

Crimes Legislation Amendment Act 2024

A2024-12

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 2024.

2. Commencement

   (1)This Act (other than the provisions mentioned in subsections (2) and (3)) 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)Sections 14, 15 and 18 commence 6 months after this Act’s notification day.

   (3)Parts 9 and 10 commence on the later of—

   (a)the commencement of the Magistrates Court (Infringement Notices) Amendment Act 2020, section 16; and

   (b)the day after this Act’s notification day.

3. Legislation amended

   This Act amends the following legislation:

   ·     Bail Act 1992

   ·     Confiscation of Criminal Assets Act 2003

   ·     Crimes Act 1900

   ·     Crimes (Sentencing) Act 2005

   ·     Crimes (Sentencing) Regulation 2006

   ·     Evidence Act 2011

   ·     Juries Act 1967

   ·     Magistrates Court Act 1930

   ·     Magistrates Court Regulation 2009

   ·     Victims of Crime Act 1994.

Part 2Bail Act 1992

1. Right of review of bail decisions—prosecution
   Section 44 (5) (b)

   omit

   24 hours have passed since notice was given under subsection (4)

   substitute

   the period for making the application and giving written notice under subsection (3) has ended

Part 3Confiscation of Criminal Assets Act 2003

1. New section 258A

   insert

258AReview of unexplained wealth provisions

(1)The Minister must—

(a)review the operation and effectiveness of the unexplained wealth provisions of this Act and any other territory law relating to the provisions, as soon as practicable after 3 August 2025; and

(b)present a report of the review to the Legislative Assembly by 3 August 2026.

(2)This section expires on 3 August 2027.

Part 4Crimes Act 1900

1. Destroying or damaging property
   Section 116 (3) (d)

   omit

Part 5Crimes (Sentencing) Act 2005

1. Fines—orders to pay
   Section 14 (1)

   omit

   that is punishable by a fine

2. Section 64 (2), definition of excluded sentence of imprisonment, paragraph (e)

   omit

3. Dictionary, note 2

   insert

   ·     corrections officer

4. Dictionary, definition of corrections officer

   omit

Part 6Crimes (Sentencing) Regulation 2006

1. Criminal justice entities—Act, s 136 (4) def criminal justice entity, par (i)
   Section 3 (1) (i) and (j)

   substitute

   (i)the Domestic, Family and Sexual Violence Coordinator‑General;

Part 7Evidence Act 2011

1. Exclusion of evidence of reasons for judicial etc decisions
   Section 129 (5) (a) (ii)

   after

   Juries Act 1967,

   insert

   section 42BA or

Part 8Juries Act 1967

1. New section 4

   in part 1, insert

2. Offences against Act—application of Criminal Code etc

   Other legislation applies in relation to offences against this Act.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

   ·     s 42BA (Improper inquiry by juror about matters relevant to trial).

   The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

   Note 2Penalty units

   The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

3. Section 38

   substitute

37ADefinitions—pt 8

In this part:

majority verdict, of a jury consisting of 12 jurors, means a verdict agreed by 11 jurors.

unanimous verdict, of a jury, means a verdict agreed by all jurors.

1. Majority verdict sufficient for offences against territory laws at certain criminal trials

   (1)This section applies in relation to a verdict of a jury at a criminal trial if—

   (a)the verdict is for an offence against a territory law; and

   (b)the jury has retired to consider the verdict; and

   (c)the jury consists of 12 jurors.

   (2)A majority verdict is a sufficient verdict, and must be taken to be the verdict of the jury, if the judge is satisfied—

   (a)that a reasonable period (of at least 6 hours) for the jury to deliberate on the verdict has passed, taking into account the complexity and nature of the trial; and

   (b)after examination on oath of 1 or more jurors, that the jury is not likely to reach a unanimous verdict.

2. Discharge of jury where no verdict likely to be reached

   If a jury has retired to consider its verdict at a criminal trial, the judge may discharge the jury if the judge is satisfied—

   (a)that a reasonable period (of at least 6 hours) for the jury to deliberate on the verdict has passed, taking into account the complexity and nature of the trial; and

   (b)after examination on oath of 1 or more jurors, that the jury is not likely to reach—

   (i)a unanimous verdict; or

   (ii)if a majority verdict would be a sufficient verdict under section 38 (2)—a majority verdict.

3. Adjournment of trial on discharge of jury for disagreement
   Section 40

   omit

   section 38

   substitute

   section 39

4. New section 42BA

   insert

42BAImproper inquiry by juror about matters relevant to trial

(1)A person commits an offence if—

(a)the person is a juror for a criminal trial; and

(b)the person makes an inquiry; and

(c)the inquiry was made—

(i)after the person is sworn as a juror and before being discharged; and

(ii)for the purpose of obtaining information about any matter relating to the trial; and

(d)the inquiry was not made in the proper exercise of the person’s functions as a juror.

Maximum penalty: imprisonment for 2 years.

(2)Subsection (1) does not apply to a person making an inquiry authorised by the court.

NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

(3)For this section, an inquiry made in contravention of a direction, or permission, given to the jury by the judge is not a proper exercise of the person’s functions as a juror.

(4)In this section:

making an inquiry includes any of the following:

(a)asking a question of another person;

(b)conducting any research;

(c)viewing or inspecting any place or object;

(d)conducting an experiment;

(e)causing another person to make an inquiry.

Examples—making an inquiry

1     conducting research using the internet to search an electronic database for information

2     bringing information into the jury room, such as news articles, research papers or books

1. Confidentiality of jury deliberations and identities
   Section 42C (11), new definition of offence relating to jury deliberations

   insert

   offence relating to jury deliberations includes an offence against section 42BA (1).

2. Dictionary, new definitions

   insert

   majority verdict, of a jury consisting of 12 jurors, for part 8 (Disagreement of jury)—see section 37A.

   unanimous verdict, of a jury, for part 8 (Disagreement of jury)—see section 37A.

Part 9Magistrates Court Act 1930

1. Extension of time to pay penalty
   Section 124 (1) (a)

   after

   stated in the

   insert

   infringement notice or

2. New section 124 (3)

   insert

   (3)If the time to pay an infringement notice penalty is extended and a territory law limits the period to begin a prosecution for the infringement notice offence, the period to begin the prosecution is extended until 1 year after payment of the penalty is required.

3. Effect of payment of infringement notice penalty
   Section 125 (3)

   after

   section 127 (Withdrawal of infringement notice)

   insert

   and section 131ACB (Infringement notice management plan—effect of cancellation)

4. Application for infringement notice management plan or addition to plan—decision
   New section 131AB (4A)

   insert

   (4A)Despite subsections (3) and (4), the administering authority may refuse the application if—

   (a)the applicant had an infringement notice management plan covering the same infringement notice offence; and

   (b)the plan was cancelled under section 131ACA.

5. New sections 131ACA and 131ACB

   insert

131ACACancellation of infringement notice management plan

(1)This section applies if—

(a)a person has an infringement notice management plan; and

(b)the administering authority is satisfied on reasonable grounds that—

(i)circumstances prescribed by regulation apply to the person; or

(ii)in any other case—the person has failed to comply with the plan; and

(c)notice disputing liability for an infringement notice offence covered by the plan has not been given to the administering authority in accordance with this part.

(2)The administering authority may, by serving a notice (a cancellation notice) on the person, cancel the infringement notice management plan, but only if—

(a)the administering authority gives the person written notice of the proposed cancellation (a proposed cancellation notice); and

(b)the proposed cancellation notice—

(i)sets out the grounds for the proposed cancellation; and

(ii)states that the person may, within 28 days after the administering authority gives the proposed cancellation notice to the person, give the authority written reasons why the plan should not be cancelled; and

(c)the cancellation notice is served after the end of the period mentioned in paragraph (b) (ii).

(3)The cancellation notice must state—

(a)the identifying number (however described) for the person’s infringement notice management plan; and

(b)that the plan has been cancelled and, in general terms, the effect of section 131ACB; and

(c)for each infringement notice and reminder notice covered by the infringement notice management plan—

(i)the identifying number for the infringement notice or reminder notice; and

(ii)the outstanding amount payable by the person for the infringement notice penalty; and

(d)the matters mentioned in section 122 (1); and

(e)any other information prescribed by regulation and any additional information that the administering authority considers appropriate.

(4)A regulation may make provision in relation to—

(a)matters the administering authority must consider when deciding under subsection (1) (b) (ii) whether a person has failed to comply with the person’s infringement notice management plan; and

(b)matters the administering authority must consider when deciding whether to cancel an infringement notice management plan; and

(c)information to be given to the administering authority by the person or anyone else in relation to the person’s compliance with the plan.

131ACBInfringement notice management plan—effect of cancellation

(1)This section applies if an infringement notice management plan is cancelled under section 131ACA.

(2)For each infringement notice offence that was covered by the infringement notice management plan—

(a)section 125 ceases to apply, and is taken never to have applied, to the offence because of the plan; and

(b)this part has effect as if the infringement notice or reminder notice for the offence had been served on the person when the plan was cancelled; and

(c)a proceeding for the offence may be taken in a court against anyone (including the person) as if the person had not entered into the plan.

(3)If the person had paid any instalments under the infringement notice management plan before it was cancelled, the instalments are taken to have been paid—

(a)if the plan covered 1 infringement notice penalty only—as part of the penalty; or

(b)if the plan covered more than 1 infringement notice penalty—as part of the penalties, apportioned in the way the administering authority considers appropriate.

(4)If a territory law limits the period to begin a prosecution for an infringement notice offence covered by the cancelled infringement notice management plan, the period is extended until 1 year after the plan was cancelled.

Part 10Magistrates Court Regulation 2009

1. New sections 3B and 3C

   insert

3BCancellation of infringement notice management plan allowing payment by instalment—Act, s 131ACA (1) (b) (i)

Any of the following circumstances are prescribed:

(a)the person fails to pay 3 or more consecutive instalments in accordance with the plan;

(b)the person fails to pay 6 or more instalments in accordance with the plan in any 12‑month period.

3CMatters to consider when deciding whether to cancel infringement notice management plan—Act, s 131ACA (4) (b)

The following matters are prescribed:

(a)any reasons given to the administering authority by the person about why they failed to make the payments as mentioned in section 3B or otherwise failed to comply with the plan;

(b)whether it is likely the person will—

(i)if a circumstance mentioned in section 3B applies—fail to pay further instalments in accordance with the plan; or

(ii)in any case—fail to comply with the plan in the future.

Part 11Victims of Crime Act 1994

1. Membership of board
   Section 22C (c)

   substitute

   (c)the Domestic, Family and Sexual Violence Coordinator‑General; and

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 26 October 2023.

2. Notification

   Notified under the Legislation Act on 19 April 2024.

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 2024, which originated in the Legislative Assembly as the Crimes Legislation Amendment Bill 2023 and was passed by the Assembly on 10 April 2024.

   Acting Clerk of the Legislative Assembly

   © Australian Capital Territory 2024