Crimes Legislation Amendment Act 2025 (ACT)

Case

Crimes Legislation Amendment Act 2025

A2025-9

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Crimes Act 1900

4            Definitions for pt 10Section 185, new definitions  3

5            New section 185 (2)  3

6            Application of pt 10Section 186 (1)  3

7           Issue of warrantSection 189 (1) (d)  4

8            Entry in emergenciesSection 190 (b)  4

9            When search warrants can be issuedSection 194 (2)  4

10          New section 194 (3A)  5

11          New subdivision 10.7.1A  5

12          Record of youth offence particulars not to be disclosed in court proceedingsSection 442A (2), definition of youth offence  8

13          Dictionary, note  9

14          Dictionary, new definitions  9

Part 3Spent Convictions Act 2000

15          Meaning of youth sexual offence conviction—pt 2Section 14A, definition of youth sexual offence conviction, paragraph (a) 10

16          Consequences of conviction becoming extinguishedSection 19H (4)  10

Crimes Legislation Amendment Act 2025

A2025-9

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 2025.

  2. Commencement

    This Act commences on the commencement of the Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023, section 127.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the Crimes Act 1900 and the Spent Convictions Act 2000.

Part 2Crimes Act 1900

  1. Definitions for pt 10
    Section 185, new definitions

    insert

    Aboriginal and Torres Strait Islander children and young people commissioner means the person appointed as the Aboriginal and Torres Strait Islander Children and Young People Commissioner under the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, section 10 (1).

    Aboriginal or Torres Strait Islander child or young person means a child or young person who is an Aboriginal or Torres Strait Islander person.

  2. New section 185 (2)

    insert

    (2)In this section:

    Aboriginal or Torres Strait Islander person—see the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, dictionary.

  3. Application of pt 10
    Section 186 (1)

    after

    This part

    insert

    , except to the extent a contrary intention appears,

  4. Issue of warrant
    Section 189 (1) (d)

    omit

    offence or of

    substitute

    offence, physical injury to a person, or

  5. Entry in emergencies
    Section 190 (b)

    omit

    offence or

    substitute

    offence, physical injury to a person, or

  6. When search warrants can be issued
    Section 194 (2)

    substitute

    (2)An issuing officer may issue a warrant authorising an ordinary search or a frisk search of a person, including a person under 14 years old, if the officer is satisfied by information on oath that there are reasonable grounds for suspecting that the person possesses, or will within the next 72 hours possess, any evidential material.

    (2A)An issuing officer who receives an application to issue a warrant under which a person under 14 years old may be searched, or may be present at premises that may be searched—

    (a)must take into account the best interests of the person under 14 years old when deciding whether to issue the warrant; and

    (b)if the officer decides to issue the warrant—may direct the person applying for the warrant to give notice before the warrant is executed to—

    (i)if the person under 14 years old is known to be an Aboriginal or Torres Strait Islander child or young person—the Aboriginal and Torres Strait Islander children and young people commissioner; or

    (ii)in any other case—the public advocate.

  7. New section 194 (3A)

    insert

    (3A)If the person applying for the warrant knows or suspects that, in executing the warrant, a person under 14 years old may be searched or may be present at premises that may be searched, the person must state that knowledge or suspicion, and the grounds for the knowledge or suspicion, in the information.

  8. New subdivision 10.7.1A

    before subdivision 10.7.1, insert

Subdivision 10.7.1A  Stopping, searching or detaining person under 14 years old without warrant

252AAApplication of sdiv 10.7.1A

(1)This subdivision applies, despite any territory law to the contrary, to the exercise of a power to stop, search or detain a person under this Act or any other territory law.

(2)However, this subdivision does not apply to the exercise of a power to stop, search or detain a person if the power is exercised under a warrant, or an order made by a court or the ACAT.

252ABPolice officer must not stop, search or detain person under 14 years old generally

A police officer must not exercise a power to stop, search or detain a person under 14 years old, except in accordance with this subdivision.

252ACStopping, searching or detaining person under 14 years old for prevention of harm etc

(1)A police officer may exercise a power to stop, search or detain a person under 14 years old if the officer believes on reasonable grounds that—

(a)the power is being exercised in relation to a person who is at least 14 years old; or

(b)the person is at risk of engaging in, or has engaged in, any of the following conduct:

(i)harm to themselves or someone else;

(ii)serious damage to property or the environment or cruelty to an animal;

(iii)any other serious or destructive behaviour; or

(c)the exercise of the power is required to ensure the safety of the person.

(2)In exercising the power, the police officer must not detain the person for longer than is necessary and reasonable to—

(a)for subsection (1) (a)—determine that the person is under 14 years old; or

(b)for subsection (1) (b)—prevent or stop the conduct; or

(c)for subsection (1) (c)—ensure the safety of the person.

(3)In this section:

serious or destructive behaviour includes conduct that is an offence punishable, on conviction, by imprisonment.

252ADStopping, searching or detaining person under 14 years old when relevant to other investigation

A police officer may exercise a power to stop, search or detain a person if the person is under 14 years old if the officer—

(a)is conducting an investigation into an offence or possible offence committed by another person; and

(b)believes on reasonable grounds that the person under 14 years old possesses evidence relevant to the investigation.

NoteA police officer must not detain a person for longer than is necessary and reasonable to conduct a search (see s 208).

252AEPolice action after stopping, searching or detaining person under 14 years old

(1)If a police officer stops, searches or detains a person under 14 years old in accordance with this subdivision, the officer may continue the detention of the person for as long as reasonably necessary to take the person to—

(a)a parent of the person; or

(b)someone else who has daily care responsibility, or long-term care responsibility, for the person; or

(c)if it is not practicable or appropriate to take the person to someone mentioned in paragraph (a) or (b)—another appropriate person or agency.

(2)If a police officer takes a person under 14 years old to an appropriate person or agency under subsection (1) (c), the police officer must as soon as practicable give written notice about the matter to—

(a)if the person under 14 years old is known to be an Aboriginal or Torres Strait Islander child or young person—the Aboriginal and Torres Strait Islander children and young people commissioner; or

(b)in any other case—the public advocate.

(3)Written notice under subsection (2) must, as far as practicable, include the following:

(a)a description of the person under 14 years old and any known information about the person’s identity;

(b)a brief description of the circumstances in which the person was stopped, searched or detained;

(c)the address of the place where the person was taken and the contact details of a person at the place with responsibility for the care of the person under 14 years old;

(d)the date and time the person was taken to the place.

(4)A failure to comply with subsection (2) or (3) does not affect the validity of anything done under subsection (1) (c).

  1. Record of youth offence particulars not to be disclosed in court proceedings
    Section 442A (2), definition of youth offence

    after

    territory law

    insert

    or a law of the Commonwealth, a State or another Territory

  2. Dictionary, note

    insert

    ·     public advocate

  3. Dictionary, new definitions

    insert

    Aboriginal and Torres Strait Islander children and young people commissioner, for part 10 (Criminal investigation)—see section 185.

    Aboriginal or Torres Strait Islander child or young person, for part 10 (Criminal investigation)—see section 185.

Part 3Spent Convictions Act 2000

  1. Meaning of youth sexual offence conviction—pt 2
    Section 14A, definition of youth sexual offence conviction, paragraph (a)

    substitute

    (a)committed by a person who was not dealt with as an adult when convicted for the offence; and

  2. Consequences of conviction becoming extinguished
    Section 19H (4)

    substitute

    (4)However, subsections (1) and (2) do not apply in relation to an application by a person for registration under—

    (a)the Working with Vulnerable People (Background Checking) Act 2011; or

    (b)a corresponding law within the meaning of that Act, dictionary.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 4 March 2025.

  2. Notification

    Notified under the Legislation Act on 17 April 2025.

  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 2025, which was passed by the Legislative Assembly on 9 April 2025.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2025

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