Crimes Legislation Amendment (Property Identification) Act 2003 (NSW)

An Act to amend the Crimes Act 1900 and other Acts with respect to damage to property that consists of removing, obliterating, defacing or altering the unique identifier of the property.

1Name of Act

This Act is the Crimes Legislation Amendment (Property Identification) Act 2003.

2Commencement

This Act commences on a day to be appointed by proclamation.

3Amendment of Acts(1)

The Crimes Act 1900 is amended as set out in Schedule 1.

(2)

The Criminal Procedure Act 1986 is amended as set out in Schedule 2.

(3)

The Pawnbrokers and Second-hand Dealers Act 1996 is amended as set out in Schedule 3.

Schedule 1Amendment of Crimes Act 1900 No 40

(Section 3 (1))

Insert after section 194 (3):

(4)

For the purposes of this Division, damaging property includes removing, obliterating, defacing or altering the unique identifier of the property. The unique identifier is any numbers, letters or symbols that are marked on or attached to the property as a permanent record so as to enable the property to be distinguished from similar property.

Schedule 2Amendment of Criminal Procedure Act 1986 No 209

(Section 3 (2))

Insert before the heading to Table 1:

Table 1AGeneral provisions1AInterpretation: value of property

For the purposes of this Schedule, a reference to the amount of damage to property in connection with a charge for an offence against section 195 or 197 of the Crimes Act 1900 is a reference to the total value of the property where the damage consists of removing, obliterating, defacing or altering the unique identifier of the property.

Schedule 3Amendment of Pawnbrokers and Second-hand Dealers Act 1996 No 13

(Section 3 (3))

Insert at the end of section 19:

(2)

If the licensee or employee is aware that the unique identifier of the goods has been removed, obliterated, defaced or altered, the licensee or employee is presumed (for the purposes of this section) to suspect that the goods may have been stolen.

(3)

In this section, unique identifier of goods means any numbers, letters or symbols that are marked on or attached to the goods as a permanent record so as to enable the goods to be distinguished from similar goods.