Crimes Legislation Amendment (Sentencing) Act 1999 (NSW)
New South Wales
Crimes Legislation Amendment
(Sentencing) Act 1999 No 94
Contents
Page
1 Name of Act 2 2 Commencement 2 3 Repeals 2 4 Amendment of Criminal Procedure Act 1986 No 209 2 5 Amendment of Crimes Act 1900 No 40 2 6 Amendment of other Acts and instruments 3 7 Further amendment of other Acts and instruments with respect to abolition of penal servitude 3
Schedules
1 Repeals 4 2 Amendment of Criminal Procedure Act 1986 5 3 Amendment of Crimes Act 1900 61 Part 1 Amendments consequent on enactment of Crimes (Sentencing Procedure) Act 1999 and Crimes
(Administration of Sentences) Act 1999 61
Part 2 Amendments consequent on transfer of provisions from
Crimes Act 1900 to Criminal Procedure Act 1986 65
[176]
Crimes Legislation Amendment (Sentencing) Act 1999 No 94
Contents
Page
Part 3 Amendments abolishing penal servitude and distinction
between felony and misdemeanour 67
4 Amendment of other Acts and instruments 75 Part 1 Amendments consequent on enactment of Crimes (Sentencing Procedure) Act 1999 and Crimes
(Administration of Sentences) Act 1999 75
Part 2 Amendments consequent on transfer of provisions from
Crimes Act 1900 to Criminal Procedure Act 1986 116
Part 3 Amendments abolishing penal servitude and distinction
between felony and misdemeanour 128
5 Further amendment of other Acts and instruments with respect to
abolition of penal servitude 156
Contents page 2
New South Wales
Crimes Legislation Amendment
(Sentencing) Act 1999 No 94
Act No 94, 1999
An Act to amend the Criminal Procedure Act 1986, the Crimes Act 1900 and certain other Acts so as to rationalise provisions relating to criminal procedure, to abolish the penalty of penal servitude and the distinction between felonies and misdemeanours, and to make consequential amendments in connection with the enactment of the Crimes (Sentencing Procedure) Act 1999 and the Crimes (Administration of Sentences) Act 1999; and for other purposes. [Assented to 8 December 1999]
| Section 1 | Crimes Legislation Amendment (Sentencing) Act 1999 No 94 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes Legislation Amendment (Sentencing) Act 1999.
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation, except as provided by this section.
(2) The provisions of Schedule 2 [32], [33] and [34] commence:
(a) on the commencement of Schedule 2 to this Act, or (b)
on the commencement of the Road Transport (Safety and Traffic Management) Act 1999,
whichever is the later. (3) The provisions of Schedule 2 [43]–[47] and Schedule 4.70 commence:
(a) on the commencement of Schedule 2 to this Act, or (b)
on the commencement of the Criminal Procedure Amendment (Sexual Assault Communications Privilege) Act 1999,
whichever is the later. (4) The provisions of Schedule 4.66, 4.69 and 4.72 commence on the date
of assent to this Act.(5)
Different days may be appointed for the commencement of a single provision of this Act for the purpose of commencing the repeals or amendments effected by the provision on different days.
3 Repeals
Each Act and instrument specified in Schedule 1 is repealed.
4 Amendment of Criminal Procedure Act 1986 No 209
The Criminal Procedure Act 1986 is amended as set out in Schedule
2.
5 Amendment of Crimes Act 1900 No 40
The Crimes Act 1900 is amended as set out in Schedule 3.
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6 Amendment of other Acts and instruments
Each Act and instrument specified in Schedule 4 is amended as set out in that Schedule.
7 Further amendment of other Acts and instruments with respect to abolition of penal servitude
(1)
Each Act referred to in Column 1 of Part 1 of Schedule 5 is amended by omitting the provision of that Act referred to in Column 2 of that Part and by inserting instead (with appropriate paragraph designation) the following paragraph:
( )
if he or she is convicted in New South Wales of an indictable offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable,
(2)
Each Act and instrument referred to in Column 1 of Part 2 of Schedule 5 is amended by omitting the provision of that Act or instrument referred to in Column 2 of that Part and by inserting instead (with appropriate paragraph designation) the following paragraph:
( )
is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable,
(3)
Each Act and instrument referred to in Column 1 of Part 3 of Schedule 5 is amended by omitting the provision of that Act or instrument referred to in Column 2 of that Part and by inserting instead (with appropriate paragraph designation) the following paragraph:
( )
is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or
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| Schedule 1 | Repeals |
| Schedule 1 | Repeals |
(Section 3)
Community Service Orders Act 1979 No 192
Community Service Orders (Amendment) Act 1989 No 185
Community Service Orders Regulation 1995
Correctional Centres Act 1952 No 9
Correctional Centres Amendment Act 1998 No 2
Correctional Centres Amendment (Alternate Chairperson) Act 1997
No 57
Correctional Centres Amendment (Inspector-General) Act 1997 No 18
Forfeited Recognizances and Bail Act 1954 No 25
Home Detention Act 1996 No 78
Home Detention Regulation 1997
Periodic Detention of Prisoners Act 1981 No 18
Periodic Detention of Prisoners (Amendment) Act 1989 No 186
Periodic Detention of Prisoners Amendment Act 1998 No 43
Periodic Detention of Prisoners Further Amendment Act 1998 No 165
Prisons (Amendment) Act 1970 No 6
Prisons (Amendment) Act 1988 No 46
Prisons Amendment Act 1996 No 25
Sentencing Act 1989 No 87
Sentencing (Amendment) Act 1992 No 56
Sentencing Amendment (Parole) Act 1996 No 144
Sentencing Amendment (Transitional) Act 1997 No 8
Sentencing (Children) Regulation 1995
Sentencing (General) Regulation 1996
Sentencing Legislation Amendment Act 1997 No 5
Sentencing Legislation Further Amendment Act 1997 No 6
Sentencing (Savings and Transitional Provisions) Regulation 1989
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| Amendment of Criminal Procedure Act 1986 | Schedule 2 |
| Schedule 2 | Amendment of Criminal Procedure Act 1986 |
(Section 4)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
apprehended violence order has the same meaning as it has in Part 15A of the Crimes Act 1900, and includes an interim apprehended violence order made under that Part.
court means:
(a) the Supreme Court, the Court of Criminal Appeal, the Land and Environment Court, the Industrial Relations Commission, the District Court or a Local Court, or (b) any other court that, or person who, exercises criminal jurisdiction, but, subject to the Children (Criminal Proceedings) Act 1987, does not include the Children’s Court or any other court that, or person who, exercises the functions of the Children’s Court. prescribed sexual offence means:
(a)
an offence under section 61I, 61J, 61K, 61L, 61M, 61N, 61O, 65A, 66A, 66B, 66C, 66D, 66F, 78H, 78I, 78K, 78L or 80A of the Crimes Act 1900, or
(b)
an offence that includes the commission, or an intention to commit, an offence referred to in paragraph (a), or
(c)
an offence that, at the time it was committed, was a prescribed sexual offence for the purposes of this Act or the Crimes Act 1900, or
(d)
an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraph (a), (b) or (c).
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[2] New sections 4, 5 and 6
Renumber existing sections 3A, 3B and 3C as sections 4, 5 and 6.
[3] New section 4 (3)
Omit “may be heard and determined in a summary manner only”.
Insert instead “is required to be dealt with summarily”.[4] New section 4 (4)
Omit “heard and determined in a summary manner”.
Insert instead “dealt with summarily”.[5] New section 6
Omit “Schedule 1”. Insert instead “Schedule 2”.
[6] Existing Part and Division headings
Omit the headings to existing Parts 2–12, including any Division headings in those Parts.
[7] Part 2, Headings
Insert the following headings after new section 6:
Part 2 Disposal of offences
Division 1 General [8] New sections 7, 8 and 9
Insert after the heading to new Division 1 of Part 2:
7 Certain offences to be dealt with on indictment
(1) An offence must be dealt with on indictment unless it is an offence that under this or any other Act is permitted or required to be dealt with summarily.
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(2) An offence may be dealt with on indictment if it is an offence that under this or any other Act is permitted to be dealt with summarily or on indictment. 8 Certain offences to be dealt with summarily
(1) The following offences must be dealt with summarily:
(a)
an offence that under this or any other Act is required to be dealt with summarily,
(b)
an offence that under this or any other Act is described as a summary offence,
(c)
an offence (not being an offence that under this or any other Act is required to be dealt with on indictment) for which the maximum penalty that may be imposed is not, and does not include, imprisonment for more than 2 years.
(2) An offence may be dealt with summarily if it is an offence that under this or any other Act is permitted to be dealt with summarily or on indictment. 9 Certain summary offences may be dealt with by Local Courts
(1) An offence that is permitted or required to be dealt with summarily is to be dealt with by a Local Court constituted by a Magistrate sitting alone.
(2) This section does not apply to an offence that, under this or any other Act, is required to be dealt with summarily otherwise than by a Local Court constituted by a Magistrate sitting alone.
[9] New sections 10, 11 and 12
Renumber existing sections 4, 5 and 6 as sections 10, 11 and 12.
[10] New section 13
Insert after new section 12:
13 Change of venue
In any criminal proceedings, if it appears to the Supreme Court or District Court:
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(a) that a fair or unprejudiced trial cannot otherwise be had, or (b) that for any other reason it is expedient to do so, the Court may change the venue, and direct the trial to be held in such other district, or at such other place, as the Court thinks fit, and may for that purpose make all such orders as justice appears to require.
[11] New Part 2, Division 2
Insert the following heading after new section 13:
Division 2 Trial by jury [12] New sections 14–17
Renumber existing sections 30–33 as sections 14–17 and transfer them to new Division 2 of Part 2.
[13] New Part 2, Division 3
Insert the following heading after new section 17:
Division 3 Summary disposal of indictable offences by
Local Courts[14] New sections 18–33
Renumber existing sections 33A–33P as sections 18–33 and transfer them to new Division 3 of Part 2.
[15] New sections 18–28
Omit “to this Part” and “of this Part” wherever occurring.
Insert instead “to Schedule 1” and “of this Division”, respectively.[16] New sections 18–28
Omit “This Part” and “this Part” wherever occurring (otherwise than as
referred to in item [15]).
Insert instead “This Division” and “this Division”, respectively.
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[17] New section 27
Insert after new section 27 (4A):
(4AA) The maximum penalty that a Local Court may impose for an offence under section 310G of the Crimes Act 1900 is 50 penalty units.
[18] New section 29
Omit “section 33F or 33H” from section 29 (2). Insert instead “section 23 or 25”.
[19] New section 34
Insert after new section 33:
34 Jurisdiction of Magistrates in respect of offences arising under Division 2 of Part 4 of Crimes Act 1900
If, by virtue of this Part, a Local Court has jurisdiction to deal with a charge arising under Division 2 of Part 4 of the Crimes Act 1900, the Local Court may hear the charge irrespective of whether, in order to determine the charge, it is necessary to determine title to any property.
[20] New Part 2, Division 4
Insert the following heading after new section 34:
Division 4 Supreme Court or District Court may deal with certain summary offences related to indictable offences [21] New sections 35–39
Renumber existing sections 34–37 as sections 35–39 and transfer them to new Division 4 of Part 2.
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[22] Part 3, headings
Insert the following headings after new section 39:
Part 3 Pre-trial matters
Division 1 Listing [23] New sections 40–45
Renumber existing sections 7–12 as sections 40–45 and transfer them to new Division 1 of Part 3.
[24] Part 3, Division 2, heading
Insert the following heading after new section 45:
Division 2 Indemnities and undertakings [25] New sections 46 and 47
Renumber existing sections 13 and 14 as sections 46 and 47 and transfer them to new Division 2 of Part 3.
[26] New Part 3, Division 3
Insert after new section 47:
Division 3 Pre-trial defence disclosure 48 Notice of alibi
(1) This section applies only to trials on indictment. (2) An accused person may not, without the leave of the court, adduce evidence in support of an alibi unless, before the end of the prescribed period, he or she gives notice of particulars of the alibi.
(3)
Without limiting subsection (2), the accused person may not, without the leave of the court, call any other person to give evidence in support of an alibi unless:
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(a)
the notice under that subsection includes the other person’s name and address or, if the other person’s name or address is not known to the accused person at the time he or she gives notice, any information in his or her possession that might be of material assistance in finding the other person, and
(b)
if the other person’s name or address is not included in the notice, the court is satisfied that the accused person before giving notice took, and thereafter continued to take, all reasonable steps to ensure that the other person’s name or address would be ascertained, and
(c)
if the other person’s name or address is not included in the notice, but the accused person subsequently discovers the other person’s name or address or receives other information that might be of material assistance in finding the other person, he or she immediately gives notice of the name, address or other information, and
(d)
if the accused person is notified by or on behalf of the Crown that the other person has not been traced by the name or address given by the accused person, he or she immediately gives notice of any information that might be of material assistance in finding the other person and that is then in his or her possession or, on subsequently receiving any such information, immediately gives notice of it.
(4)
The court may not refuse leave under this section if it appears to the court that, on the committal for trial of the accused person, he or she was not informed by the committing justice of the requirements of subsections (2), (3) and (7) and, for that purpose, a statement in writing by the committing justice that the accused person was informed of those requirements is evidence that the accused person was so informed.
(5)
Any evidence tendered to disprove an alibi may, subject to any direction by the court, be given before or after evidence is given in support of the alibi.
(6)
Any notice purporting to be given under this section on behalf of the accused person by his or her legal practitioner is, unless the contrary is proved, to be taken to have been given with the authority of the accused person.
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(7) A notice under this section must be given in writing to the Director of Public Prosecutions, and may be given by delivering it to the Director, by leaving it at the Director’s office or by sending it in a letter addressed to the Director at the Director’s office.
(8) In this section:
evidence in support of an alibi means evidence tending to show that, by reason of the presence of the accused person at a particular place or in a particular area at a particular time, the accused person was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission.
prescribed period means the period of 10 days commencing at
the time of the accused person’s committal for trial.
49 Notice of intention to adduce evidence of substantial mental impairment
(1)
On a trial for murder, the accused person must not, without the leave of the court, adduce evidence tending to prove a contention of substantial mental impairment unless the accused person gives notice, as prescribed by the regulations, of his or her intention to raise that contention.
(2)
Without limiting subsection (1), the accused person must not, without the leave of the court, call any other person to give evidence tending to prove a contention of substantial mental impairment unless the notice under this section includes:
(a) the name and address of the other person, and (b)
particulars of the evidence to be given by the other person.
(3)
Any evidence tendered to disprove a contention of substantial mental impairment may, subject to any direction of the court, be given before or after evidence is given to prove that contention.
(4)
Any notice purporting to be given under this section on behalf of the accused person by his or her legal practitioner is taken, unless the contrary is proved, to have been given with the authority of the accused person.
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(5) A notice under this section is to be given in writing to the Director of Public Prosecutions, and may be given by delivering it to the Director, by leaving it at the Director’s office or by sending it in a letter addressed to the Director at the Director’s office.
(6) In this section, contention of substantial mental impairment means a contention by the accused person that the accused person is not liable to be convicted of murder by virtue of section 23A of the Crimes Act 1900.
[27] New Part 3, Division 4, heading
Insert the following heading after new section 49:
Division 4 Institution of proceedings
[28] New sections 50–56
Renumber existing sections 15–19 as sections 50–56 and transfer them to new Division 4 of Part 3.
[29] New Part 3, Division 5
Insert after new section 56:
Division 5 Form of indictments 57 Application of Division
This Division applies, to the extent that it is capable of being applied, to all offences, however arising (whether under an Act or at common law), whenever committed and in whatever court dealt with.
58 Certain defects do not affect indictment
An indictment is not bad, insufficient, void, erroneous or defective on any of the following grounds:
(a)
for the improper insertion or omission of the words “as appears by the record”, “with force and arms”, “against the peace”, “against the form of the statute” or “feloniously”,
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(b) for want of an averment of any matter unnecessary to be proved or necessarily implied, (c) for want of a proper or perfect venue or a proper or formal conclusion, (d) for want of any additional accused person or for any imperfection relating to any additional accused person, (e) for want of any statement of the value or price of any matter or thing, or the amount of damage or injury, if such value, price or amount is not of the essence of the offence, (f) for designating any person by the name of his or her office, or other descriptive appellation, instead of by his or her proper name, (g) except where time is an essential ingredient, for omitting to state the time at which an offence was committed, for stating the time wrongly or for stating the time imperfectly, (h) for stating an offence to have been committed on a day subsequent to the finding of the indictment, on an impossible day or on a day that never happened. 59 Indictment of bodies corporate
(1) Unless a contrary intention appears, a provision of an Act relating to an offence applies to bodies corporate as well as to individuals.
(2)
On arraignment, a body corporate may enter a plea of “guilty” or “not guilty” by means of writing signed by its representative.
(3)
If no such plea is entered the court is to enter a plea of “not guilty”, and the trial is to proceed as though the body corporate had pleaded “not guilty”.
(4) A representative of a body corporate need not be appointed under the body’s seal.
(5) A written statement that:
(a)
purports to be signed by one of the persons having the management of the affairs of the body corporate, and
(b)
contains a statement to the effect that a named person is the body’s representative,
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is admissible as evidence that the named person has been so
appointed.60 Venue in indictment
(1) New South Wales is a sufficient venue for all places, whether the indictment is in the Supreme Court or any other court having criminal jurisdiction. (2) However, some district or place within, at or near which the offence is charged to have been committed must be mentioned in the body of the indictment. (3) Any such district or place is to be taken to be in New South Wales, and within the jurisdiction of the court, unless the contrary is shown. 61 When formal objections to be taken
(1) An objection to an indictment for a formal defect apparent on its face must be taken, by demurrer or motion to quash the indictment, before the jury is sworn. (2) The court before which the objection is taken may cause the indictment to be amended and, in that case, the trial is to proceed as if there had been no defect. 62 Judgment on demurrer to indictment
The judgment against the accused person on demurrer is to be that the person “answer over” to the charge.
63 Traversing indictment
(1) No traverse is to be allowed, or trial postponed, or time to plead to the indictment given, unless the court so orders.
(2)
However, if the court is of the opinion that the accused person ought to be allowed time, either to prepare for his or her defence or for any other reason, the court is to postpone the trial on such terms as it considers fit.
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64 Orders for amendment of indictment, separate trial and postponement of trial
(1) If of the opinion that an indictment is defective but, having regard to the merits of the case, can be amended without injustice, the court may make such order for the amendment of the indictment as it thinks necessary to meet the circumstances of the case.
(2) If of the opinion:
(a)
that an accused person may be prejudiced or embarrassed in his or her defence by reason of being charged with more than one offence in the same indictment, or
(b)
that for any other reason it is desirable to direct that an accused person be tried separately for any one or more offences charged in an indictment,
the court may order a separate trial of any count or counts of
the indictment.
(3) If of the opinion that the postponement of an accused person’s trial is expedient as a consequence of it having amended an indictment or ordered a separate trial of a count, the court may make such order as appears necessary. (4) An order under this section may be made either before trial or
at any stage during the trial.(5) The following provisions apply if an order is made under this
section for a separate trial or for the postponement of a trial:
(a) if the order is made during the trial, the court may order that the jury be discharged from giving a verdict: (i) on the count or counts in respect of which the trial is postponed, or
(ii) on the indictment,
as the case may be,
(b)
the procedure on the separate trial of a count, and the procedure on the postponed trial, are to be the same in all respects (if the jury has been discharged) as if the trial had not commenced,
(c)
subject to the Bail Act 1978, the court may commit the accused person to a correctional centre.
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(6) Any power of the court under this section is in addition to and not in derogation of any other power of the court for the same or similar purposes. 65 Amended indictment
(1) If any indictment is amended, a note of the order for amendment is to be endorsed on the indictment, and the indictment in its amended form is to be treated as the indictment for the purposes of the trial and all proceedings in connection with or consequent on the trial.
(2) Any verdict or judgment given after the amendment of an indictment is to have the same force and effect as if the indictment had originally been in its amended form.
(3) If it is necessary at any time to draw up a formal record of an indictment, the record may be drawn up in the words and form of the amended indictment, without notice of the fact of the amendment. 66 Indictment may contain up to 3 similar counts
(1) Up to 3 counts may be inserted in the same indictment, against the same person, for distinct offences of the same kind committed against the same person. (2) This section does not apply if more than 6 months have elapsed
between the first and last of the offences.(3) Nothing in this section affects the right of the Crown to insert
alternative counts in any indictment.67 Accessories may be charged together in one indictment
Any number of accessories (whether before or after the fact) may be charged with substantive serious indictable offences in the same indictment, and may be tried together, even though the principal offender is not included in the indictment, not in custody or not amenable to justice.
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68 Indictment charging previous offence also
In an indictment against a person for an offence committed after the person was convicted of some previous offence (whether indictable or otherwise) it is sufficient, after charging the subsequent offence, to state that the accused person was (at a specified time and place) convicted of the previous offence, without particularly describing the previous offence.
69 Description of written instruments
If:
(a) an indictment relates to an instrument that is written or printed, or partly written and partly printed, or (b) it is necessary to make an averment in an indictment with respect to an instrument that is written or printed, or partly written and partly printed, it is sufficient to describe the instrument by any name or designation by which it is usually known, or by its purport, without setting out a copy of the instrument, or otherwise describing the instrument, and without stating the value of the instrument.
70 General averment of intent to defraud or injure
(1) It is sufficient to allege that the accused person did an act with intent to defraud or injure without alleging an intent to defraud or injure any particular person. (2) In an indictment for doing an act fraudulently, or for a fraudulent purpose, it is not necessary to state the fraudulent intent or purpose.
71 Indecent assault
In an indictment for an indecent assault, it is sufficient to state that the accused person (at a specified time and place) committed an indecent assault on the person alleged to have been assaulted, without stating the mode of assault.
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72 Partners and partnership property
(1) In an indictment:
(a) it is sufficient to describe partners, joint tenants, parceners or tenants in common by naming one of them and referring to the others as “another” or “others”, as the case requires, and (b) it is sufficient to state the ownership of property belonging to partners, joint tenants, parceners or tenants in common by naming one of them and alleging the property to belong to the person so named and “another” or “others”, as the case requires.
(2) This section extends to all joint stock companies, executors, administrators and trustees.
73 Where not necessary to allege particular ownership
In any indictment in respect of any of the following matters:
(a)
stealing, destroying or injuring any testamentary instrument, any document issued by a court or anything fixed or growing in any place set aside for public use,
(b)
any offence committed in or in relation to a place of divine worship,
(c)
any offence committed in relation to property in any public library or other public building,
(d)
anything mentioned in section 202 or 210 of the Crimes Act 1900,
it is not necessary to allege that the thing in respect of which
the offence was committed is the property of any person.
74 Stealing and receiving in one indictment
(1) In an indictment containing a charge of stealing property, a further charge may be added against the same person for unlawfully receiving the property, or any part of the property, knowing it to have been stolen.
(2) The prosecuting authority is not to be put to election as to those
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75 Separate receivers may be charged in one indictment
If property has been stolen, taken, embezzled, obtained, fraudulently applied or disposed of in such a manner as to amount to a serious indictable offence:
(a) any number of receivers at different times of the property, and (b) any number of receivers of different parts of the property, may be charged with substantive serious indictable offences in the same indictment, and be tried together, even if the principal offender is not included in the indictment, not in custody or not amenable to justice.
76 Allegations in indictment as to money or securities stolen
(1) In an indictment:
(a) for stealing, taking, receiving, or embezzling any money or valuable security, or (b) for misappropriating, or fraudulently applying or disposing of, any money or valuable security, or (c) for obtaining any money or valuable security by any threat or false pretence, or partly by a false pretence and partly by a wilfully false promise, it is sufficient to describe the property as a “certain amount of money” or a “certain valuable security”, without specifying any particular kind of money or security.
(2)
Such a description may be sustained by proof of the stealing, taking, receiving, embezzling, appropriating, disposal or obtaining of any money or valuable security:
(a)
even if some part of its value was agreed to be, or was in fact, returned, and
(b)
even if, as regards money, the particular kind of money is not proved or provable.
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77 Indictment for stealing by tenants
An indictment against a person for stealing property let to be used by the person as a tenant or lodger in relation to premises is sufficient:
(a) in the case of a chattel, if it is in the common form for larceny, and (b) in the case of a fixture, if it is in the same form as if the person were not a tenant or lodger, and in either case the property may be described as being owned by the owner of the premises or by the person letting the premises.
78 Indictment for stealing deeds
(1) In an indictment for stealing, embezzling, destroying, cancelling, obliterating or concealing any document of title to land, or any part of land, it is sufficient:
(a)
to allege that the document contains evidence of the title to the land, and
(b)
to mention the person, or one of the persons, having an interest in the land or any part of the land.
(2) In this section:
document of title to land includes any deed, certificate of title, map, paper or parchment (whether written or printed, or partly written and partly printed) that is or contains evidence of the title, or part of the title, to any real estate or any interest in or out of real estate.
79 Indictment for larceny by public servant, property to be described as property of the State
In an indictment for larceny or embezzlement as a public servant, the property may be described as the property of the State, from which it is taken to have been stolen.
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80 Description in indictment for engraving
In an indictment:
(a) for engraving or making the whole or any part of any instrument or thing, or (b) for using or having possession of any plate or material on which the whole or any part of any instrument or thing is engraved or made, or (c) for having possession of paper on which the whole or any part of any instrument or thing is made or printed, it is sufficient to describe any such instrument or thing by any name or designation by which it is usually known, without setting out a copy of it or any part of it.
81 Indictment for sale of counterfeit coin
In an indictment with respect to the unlawful buying, selling, paying, putting off or receiving of counterfeit coin, it is not necessary to allege at what rate, or for what price, the coin was bought or sold or offered to be bought, sold, paid, put off or received.
82 Indictment for perjury
(1) In an indictment for perjury, it is sufficient:
(a)
to allege that, on a certain day, at a certain place and before a named person, the accused person falsely swore, declared or affirmed the matter charged as false:
(i) stating only the substance of the matter, and (ii)
averring that the matter was falsely sworn, declared or affirmed on an occasion when the truth of the matter was material, and
(b)
to state generally that the matter charged as false was false in fact without negativing each or any aspect of the matter.
(2) Consequently, it is not necessary:
(a)
to specify the occasion on which the matter charged as false was falsely sworn, declared or affirmed, or
(b)
to show how the matter charged as false was material, or
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(c) to specify the proceedings in or in relation to which the matter charged as false was falsely sworn, declared or affirmed, or (d) to specify the judicial or official character of the person administering the oath, or taking the declaration or affirmation, charged as false. 83 Indictment for conspiracy
(1) This section applies to an indictment for conspiracy. (2) It is not necessary to state any overt act of conspiracy. (3) Each accused person, whether 2 or more are included in the
same indictment or not:
(a) may be charged separately, in any count:
(i)
as having conspired with other persons, of whom it is sufficient to name one only, or
(ii)
as having conspired with one other named person only, and
(b)
may be convicted on any such count on proof of having unlawfully conspired, for the purpose alleged in the indictment, with any one of the named persons.
(4) No more than 3 counts against the same accused person may be
inserted in one indictment.(5) In any case before a plea is entered, the court may order such
particulars to be given as the court considers appropriate.(6) If substantially different conspiracies are charged in the same indictment, the prosecuting authority may be put to election as to the one on which to proceed. 84 Procedures regarding obscene or blasphemous libel
(1) In any indictment against the publisher of an obscene or blasphemous libel, it is not necessary to set out the obscene or blasphemous passages.
(2)
It is sufficient to tender the book, newspaper or other document containing the alleged libel with the indictment, together with particulars showing precisely, by reference to pages, columns and lines, in what part of the book, newspaper or other document the alleged libel is to be found.
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(3) The particulars referred to in subsection (2) are taken to form
part of the record of the proceedings.(4) All proceedings may be taken as though the passages complained of had been set out in the indictment.
85 Supreme Court rules may prescribe forms of indictments
(1) Without limiting the rule-making powers conferred by the Supreme Court Act 1970, rules may from time to time be made under that Act prescribing forms of indictments, records, informations, depositions, convictions, warrants and processes in all courts for any offence.
(2) Any form prescribed by those rules is taken to be sufficient for the purpose, and to sufficiently state the offence, for which it is prescribed.
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Division 6 Pleadings 86 Arraignment on charge of previous conviction
(1) An accused person is not to be arraigned for any previous
conviction charged in an indictment unless he or she is
convicted of a subsequent offence charged in the indictment.
(2) On the accused person’s conviction of the subsequent offence:
(a) the accused person is to be arraigned, and (b) the jury is to be charged, and (c) the trial is to proceed,
in relation to the previous conviction.
(3)
In the trial for the subsequent offence, evidence of the previous conviction may not be admitted, except in reply to evidence of character, unless the accused person is convicted of the subsequent offence.
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87 Guilty plea to offence not charged
(1) If an accused person:
(a) is arraigned on an indictment for an offence, and (b)
can lawfully be convicted on the indictment of some other offence not charged in the indictment,
he or she may plead “not guilty” of the offence charged in the
indictment, but “guilty” of the other offence.
(2) The Crown may elect to accept the plea of “guilty” or may require the trial to proceed on the charge on which the accused person is arraigned.
88 Plea of “not guilty”
If an accused person arraigned on an indictment pleads “not guilty”, the accused person is taken to have put himself or herself on the country for trial, and the court is to order a jury for trial accordingly.
89 Refusal to plead
If an accused person who is arraigned stands mute, or will not answer directly to the indictment, the court may order a plea of “not guilty” to be entered on behalf of the accused person, and
the plea so entered has the same effect as if the accused person
had actually pleaded “not guilty”.
90 Plea of autrefois convict
(1) In any plea of autrefois convict, or of autrefois acquit, it is sufficient for the accused person to allege that he or she has been lawfully convicted or acquitted, as the case may be, of the offence charged in the indictment, without specifying the time or place of the previous conviction or acquittal.
(2) The issue of autrefois convict or autrefois acquit is to be determined by the court without the presence of a jury.
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91 Change to guilty plea during trial
(1) If an accused person pleads “guilty” to an offence at any time after having been given into the charge of a jury, and the court accepts the plea, the court is to discharge the jury from giving a verdict in the matter and to find the accused person guilty of the offence. (2) The finding has effect as if it were the verdict of the jury, and
the accused person is liable to punishment accordingly.
[31] New Part 4
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Part 4 Criminal procedure generally
Division 1 Application of Part 92 Application of Part
This Part applies, to the extent that it is capable of being applied, to all offences, however arising (whether under an Act or at common law), whenever committed and in whatever court dealt with.
Division 2 General trial procedure 93 Practice as to entering the dock
The Judge may order the accused person to enter the dock or other place of arraignment or may allow him or her to remain on the floor of the court, and in either case to sit down, as the Judge considers appropriate.
94 Right to inspect depositions on trial
An accused person is entitled on his or her trial to inspect, without fee, all depositions taken against the person and returned to, or held by, the court before which he or she is on trial.
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95 Abolition of an accused person’s right to make unsworn statement or to give unsworn evidence
Any rule of law, procedure or practice that permits a person who is charged with the commission of a criminal offence to make an unsworn statement or to give unsworn evidence in answer to the charge is abolished.
96 Accused person may be defended by counsel
An accused person is entitled to make full answer and defence by counsel.
97 Opening address to jury by accused person
(1)
An accused person or his or her counsel may address the jury immediately after the opening address of the prosecuting authority.
(2) Any such opening address is to be limited generally to an address on:
(a)
the matters disclosed in the prosecuting authority’s opening address, including those that are in dispute and those that are not in dispute, and
(b) the matters to be raised by the accused person.
(3) If the accused person intends to give evidence or to call any witness in support of the defence, the accused person or his or her counsel is entitled to open the case for the defence before calling evidence, whether or not an address has been made to the jury. 98 Closing address to jury by accused person
(1)
An accused person or his or her counsel may address the jury after the close of the evidence for the defence and any evidence in reply by the Crown and after the prosecuting authority has made a closing address to the jury or declined to make a closing address to the jury.
(2)
If, in the accused person’s closing address, relevant facts are asserted that are not supported by any evidence that is before the jury, the court may grant leave for the Crown to make a supplementary address to the jury replying to any such assertion.
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99 Summary by Judge
(1) At the end of a criminal trial before a jury, a Judge need not summarise the evidence given in the trial if of the opinion that, in all the circumstances of the trial, a summary is not necessary. (2) This section applies despite any rule of law or practice to the
contrary.(3) Nothing in this section affects any aspect of a Judge’s summing
up function other than the summary of evidence in a trial.100 Witnesses in mitigation
(1)
After convicting an accused person of an offence, and before passing sentence, the court may summon witnesses and examine them on oath in respect of any matter in mitigation of the offence.
(2) The court may do so on application made by or on behalf of the
Crown or by or on behalf of the accused person.
Division 3 Evidentiary provisions 101 Proof of service of notice to produce
An affidavit by:
(a) the Director of Public Prosecutions or the Solicitor for Public Prosecutions, or (b) a member of the staff of the Director of Public Prosecutions, or (c) a legal practitioner or legal practitioner’s clerk, or (d) the accused person, or (e) a police officer, as to the service of any notice to produce and of the time when it was served, with a copy of the notice annexed to the affidavit, is sufficient evidence of the service of the original of the notice and of the time when it was served.
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102 Stealing goods from vessel or wharf
(1) This section applies to the following offences:
(a) any offence involving the stealing of property:
(i) from any vessel, barge, boat or train, or (ii)
from any dock, wharf, quay, railway yard or other railway premises, or
(iii)
from any store or shed used in connection with and adjoining any such dock, wharf, quay, railway yard or other railway premises, or
(iv)
in the course of transit from any vessel, barge, boat or train, or from any store or shed used in connection with and adjoining such wharf, dock, quay, railway yard or other railway premises, or
(b)
any offence involving the receiving of property so stolen knowing it to have been stolen.
(2) On the prosecution of any person for an offence to which this
section applies:
(a) evidence may be given of any writing, printing, or marks on any property alleged to have been stolen or received, or on any package containing such property, without producing or giving notice to produce the original writing, printing or marks, and (b) any document purporting to be a document of title to any property alleged to have been stolen or received: (i) is admissible in evidence on production and without further proof, and
(ii) is evidence of the particulars contained in the document, and that the ownership of the property is in the consignee referred to in the document or his or her assignee.
(3) In this section:
document of title to property includes:
(a)
any bill of lading, India warrant, dock warrant, warehouse keeper’s certificate, warrant, or order for the delivery or transfer of any goods or valuable thing, and
(b) any bought and sold note or other document:
(i)
used in the ordinary course of business as proof of the possession or control of goods, or
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(ii) purporting to authorise, by endorsement or delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to.
train includes any railway carriage, railway truck or other
railway vehicle that is on any railway.
103 Incriminating statements admissible though on oath
An incriminating statement made voluntarily by an accused person before any charge has been preferred against the accused person in respect of an indictable offence is not to be rejected merely because the statement was made on oath.
104 Compellability of spouses to give evidence in certain
proceedings
(1) In this section:
(a)
a reference to the husband or wife of an accused person includes a reference to a person living with the accused person as the husband or wife of the accused person on a bona fide domestic basis although not married to the accused person, and
(b)
a reference to a domestic violence offence is a reference to a domestic violence offence within the meaning of the Crimes Act 1900, and
(c)
a reference to a domestic violence offence committed on the husband or wife of an accused person includes a reference to an offence of contravening a prohibition or restriction specified in an apprehended violence order that was made against the accused person and in respect of which the husband or wife was the protected person, and
(d) a reference to a child assault offence is a reference to:
(i)
a prescribed sexual offence committed on a child under the age of 18 years, or
(ii)
an offence under, or mentioned in, section 24, 27, 28, 29, 30, 33, 33A, 35, 39, 41, 42, 43, 44, 46, 47, 48, 49, 58, 59 or 61 of the Crimes Act 1900 committed on a child under the age of 18 years, or
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(iii) an offence that, at the time it was committed, was a child assault offence for the purposes of this section or section 407AA of the Crimes Act 1900, or
(iv) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in subparagraph (i), (ii) or (iii), and
(e)
a reference to a child assault offence committed on a child includes a reference to an offence of contravening a prohibition or restriction specified in an apprehended violence order that was made against the accused person and in respect of which that child was the protected person.
(2) The husband or wife of an accused person in proceedings in
any court:
(a) for a domestic violence offence (other than an offence arising from a negligent act or omission) committed on the husband or wife, or (b) for a child assault offence (other than an offence arising from a negligent act or omission) committed on: (i) a child living in the household of the accused person, or
(ii) a child who, although not living in the household of the accused person, is a child of the accused person and the husband or wife,
is compellable to give evidence in the proceedings, either for the prosecution or for the defence, without the consent of the accused person.
(3)
The husband or wife of an accused person is not compellable to give evidence for the prosecution as referred to in subsection (2) if the husband or wife has applied to, and been excused by, the court.
(4)
A court may excuse the husband or wife of an accused person from giving evidence for the prosecution as referred to in subsection (2) if satisfied:
(a)
that the application to be excused is made by that husband or wife freely and independently of threat or any other improper influence by any person, and
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(b)
that it is relatively unimportant to the case to establish the facts in relation to which it appears that the husband or wife is to be asked to give evidence, or there is other evidence available to establish those facts, and
(c)
that the offence with which the accused person is charged is of a minor nature.
(5) When excusing the husband or wife of an accused person from
giving evidence under subsection (4), the court:
(a) must state the reasons for doing so, and (b) must cause those reasons to be recorded in writing in a form prescribed by the regulations. (6) An application under this section by the husband or wife of an accused person to be excused from giving evidence is to be made and determined in the absence of the jury (if any) and the accused person, but in the presence of the accused person’s counsel. (7) A court may conduct the hearing of an application under this section in any manner it thinks fit, and is not bound to observe rules of law governing the admission of evidence but may obtain information on any matter in any manner it thinks fit. (8) The fact that the husband or wife of an accused person in proceedings for an offence has applied to be excused, or has been excused, from giving evidence in the proceedings is not to be made the subject of any comment by the court or by any party in the proceedings.
105 Admissibility of evidence relating to sexual experience
(1) This section applies to prescribed sexual offence proceedings. (2) Evidence relating to the sexual reputation of the complainant
is inadmissible.(3) Evidence that discloses or implies:
(a)
that the complainant has or may have had sexual experience or a lack of sexual experience, or
(b)
has or may have taken part or not taken part in any sexual activity,
is inadmissible.
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(4) Subsection (3) does not apply:
(a) if the evidence: (i) is of the complainant’s sexual experience or lack of sexual experience, or of sexual activity or lack of sexual activity taken part in by the complainant, at or about the time of the commission of the alleged prescribed sexual offence, and
(ii) is of events that are alleged to form part of a connected set of circumstances in which the alleged prescribed sexual offence was committed,
(b)
if the evidence relates to a relationship that was existing or recent at the time of the commission of the alleged prescribed sexual offence, being a relationship between the accused person and the complainant,
(c) if:
(i)
the accused person is alleged to have had sexual intercourse (as defined in section 61H (1) of the Crimes Act 1900) with the complainant, and the accused person does not concede the sexual intercourse so alleged, and
(ii)
the evidence is relevant to whether the presence of semen, pregnancy, disease or injury is attributable to the sexual intercourse alleged to have been had by the accused person,
(d) if the evidence is relevant to:
(i)
whether at the time of the commission of the alleged prescribed sexual offence there was present in the complainant a disease that, at any relevant time, was absent in the accused person, or
(ii)
whether at any relevant time there was absent in the complainant a disease that, at the time of the commission of the alleged prescribed sexual offence, was present in the accused person,
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(e) if the evidence is relevant to whether the allegation that the prescribed sexual offence was committed by the accused person was first made following a realisation or discovery of the presence of pregnancy or disease in the complainant (being a realisation or discovery that took place after the commission of the alleged prescribed sexual offence), (f) if the evidence has been given by the complainant in cross-examination by or on behalf of the accused person, being evidence given in answer to a question that may, pursuant to subsection (6), be asked, and if the probative value of the evidence outweighs any distress, humiliation or embarrassment that the complainant might suffer as a result of its admission.
(5) A witness must not be asked:
(a) to give evidence that is inadmissible under subsection (2) or (3), or (b) by or on behalf of the accused person, to give evidence that is or may be admissible under subsection (4) unless the court has previously decided that the evidence would, if given, be admissible. (6) If the court is satisfied:
(a) that it has been disclosed or implied in the case for the prosecution against the accused person that the complainant has or may have, during a specified period or without reference to any period: (i) had sexual experience, or a lack of sexual experience, of a general or specified nature, or
(ii) had taken part in, or not taken part in, sexual activity of a general or specified nature, and
(b) the accused person might be unfairly prejudiced if the complainant could not be cross-examined by or on behalf of the accused person in relation to the disclosure or implication, the complainant may be so cross-examined, but only in relation to the experience or activity of the nature (if any) so specified during the period (if any) so specified.
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(7) On the trial of a person, any question as to the admissibility of evidence under subsection (2) or (3) or the right to cross-examine under subsection (6) is to be decided by the court in the absence of the jury. (8) If the court decides that evidence is admissible under subsection (4), the court must, before the evidence is given, record or cause to be recorded in writing the nature and scope of the evidence that is so admissible and the reasons for that decision.
(9) In this section:
accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a prescribed sexual offence.
complainant, in relation to any proceedings, means the person, or any of the persons, on whom a prescribed sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.
prescribed sexual offence proceedings means proceedings in which a person stands charged with a prescribed sexual offence, whether the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.
106 Disclosure of address or telephone number of witness
(1) A witness in proceedings for an offence, or a person who makes a written statement that is likely to be produced in proceedings for an offence, is not required to disclose his or her address or telephone number, unless:
(a) the address or telephone number is a materially relevant part of the evidence, or (b) the court makes an order requiring the disclosure.
(2) An application for such an order may be made by the prosecution or the defence.
(3)
The court may make such an order only if it is satisfied that disclosure is not likely to present a reasonably ascertainable risk to the welfare or protection of any person or that the interests of justice outweigh any such risk.
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(4) An address or telephone number that is not required to be disclosed and that is contained in a written statement may, without reference to the person who made the written statement, be deleted from the statement, or rendered illegible, before the statement is produced in court or given to the accused person.
(5) A written statement is not inadmissible as evidence on the ground that it either does or does not disclose any such address or telephone number as referred to in this section.
(6)
This section does not prevent the disclosure of an address in a written statement if the statement does not identify it as a particular person’s address.
(7) This section does not affect the operation of section 48BA of
the Justices Act 1902.(8) In this section:
address includes a private, business or official address.
telephone number includes a private, business or official
telephone number.
107 Warning to be given by Judge in relation to lack of complaint in certain sexual offence proceedings
(1)
This section applies if, on the trial of a person for a prescribed sexual offence, evidence is given or a question is asked of a witness that tends to suggest:
(a)
an absence of complaint in respect of the commission of the alleged offence by the person on whom the offence is alleged to have been committed, or
(b) delay by that person in making any such complaint.
(2) In circumstances to which this section applies, the Judge:
(a)
must warn the jury that absence of complaint or delay in complaining does not necessarily indicate that the allegation that the offence was committed is false, and
(b)
must inform the jury that there may be good reasons why a victim of a sexual assault may hesitate in making, or may refrain from making, a complaint about the assault.
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108 Admissions by suspects
(1) This section applies to an admission:
(a)
that was made by an accused person who, at the time when the admission was made, was or could reasonably have been suspected by an investigating official of having committed an offence, and
(b) that was made in the course of official questioning, and (c)
that relates to an indictable offence, other than an indictable offence that can be dealt with summarily without the consent of the accused person.
(2) Evidence of an admission to which this section applies is not
admissible unless:
(a) there is available to the court: (i) a tape recording made by an investigating official of the interview in the course of which the admission was made, or
(ii) if the prosecution establishes that there was a reasonable excuse as to why a tape recording referred to in subparagraph (i) could not be made, a tape recording of an interview with the person who made the admission, being an interview about the making and terms of the admission in the course of which the person states that he or she made an admission in those terms, or
(b)
the prosecution establishes that there was a reasonable excuse as to why a tape recording referred to in paragraph (a) could not be made.
(3)
The hearsay rule and the opinion rule (within the meaning of the Evidence Act 1995) do not prevent a tape recording from being admitted and used in proceedings before the court as mentioned in subsection (2).
(4) In this section:
investigating official means:
(a)
a police officer (other than a police officer who is engaged in covert investigations under the orders of a superior), or
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(b) a person appointed by or under an Act (other than a person who is engaged in covert investigations under the orders of a superior) whose functions include functions in respect of the prevention or investigation of offences prescribed by the regulations. official questioning means questioning by an investigating official in connection with the investigation of the commission or possible commission of an offence.
reasonable excuse includes:
(a) a mechanical failure, or (b)
the refusal of a person being questioned to have the questioning electronically recorded, or
(c)
the lack of availability of recording equipment within a period in which it would be reasonable to detain the person being questioned.
tape recording includes:
(a) audio recording, or (b) video recording, or (c)
a video recording accompanied by a separately but contemporaneously recorded audio recording.
Division 4 Medical examinations and law enforcement
devices109 Medical examinations
(1)
Unless otherwise directed by the court, it is not necessary for a person who has made a scientific examination of any article or living person or dead body to give evidence of the result of the examination.
(2) A certificate under the hand of any such person stating:
(a) that he or she has made the examination, and (b) the nature of his or her scientific qualifications, and (c) the facts and conclusions he or she has arrived at, is admissible as evidence of the matters stated in the certificate.
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(3) If such a certificate is tendered by the prosecuting authority, a court may not dispose of the case summarily except with the consent of the accused person. 110 Law enforcement devices
(1) A certificate:
(a)
that would, by virtue of section 4AB, 4AC, 4DA, 4E, 4G or 5AB of the Traffic Act 1909, be admissible in proceedings for an offence under that Act as evidence of the particulars certified in and by the certificate, or
(b)
that would, by virtue of section 24, 25 or 26 of the Marine (Boating Safety—Alcohol and Drugs) Act 1991, be admissible in proceedings for an offence under that Act as evidence of the particulars certified in and by the certificate,
is admissible in all criminal proceedings as evidence of those
particulars.
(2)
Despite subsection (1), such a certificate is not admissible in proceedings under the Drug Misuse and Trafficking Act 1985 as evidence of the use or administration, by the person to whom the certificate relates, of any prohibited drug within the meaning of that Act.
(3) Evidence is not required in any criminal proceedings:
(a)
as to the accuracy or reliability of any approved camera detection device, approved camera recording device, approved speed measuring device or breath analysing instrument to which such a certificate relates, or
(b)
as to the manner in which any approved camera detection device, approved camera recording device, approved speed measuring device or breath analysing instrument to which such a certificate relates was operated,
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(4)
A photograph that would, by virtue of section 4AC or 4DA of the Traffic Act 1900, be admissible in proceedings under that Act as evidence of the matters shown or recorded on the photograph is admissible in all criminal proceedings as evidence of those matters.
(5)
In this section, approved camera detection device, approved camera recording device, approved speed measuring device and breath analysing instrument have the same meanings as they have in the Traffic Act 1909.
Division 5 Depositions and written statements 111 Depositions by persons dangerously ill
(1) If it appears to a justice that:
(a) a person who is able to give material information about an indictable offence is dangerously ill, and (b) the person’s evidence will probably be lost if not immediately taken, the justice may take the deposition of the person in connection with the offence in the same way as if a prosecution for the offence were then pending before the court.
(2) The deposition must be in the form prescribed by the regulations and must be signed by the justice.
(3) As soon as practicable after the deposition is taken, a copy of the deposition must be delivered to the Attorney General, to the Director of Public Prosecutions and to each person whom the deposition tends to incriminate. (4) If practicable, each person whom the deposition tends to incriminate is entitled, before being committed or placed on trial, to be given full opportunity to cross-examine the deponent.
(5) If in proceedings against an accused person:
(a) for the offence to which the deposition relates, or
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(b) for the murder or manslaughter of the deponent, in the case of his or her death or alleged death by reason of the offence, it is proved to the satisfaction of the court that the deponent is dead, or so ill as not to be able to travel or to give evidence without a risk of endangering the deponent’s life, the deposition may be admitted as evidence for or against the accused person, whether or not it was taken in the presence or hearing of the prosecuting authority or the accused person.
112 Depositions tendered by prosecution
(1)
A deposition may be admitted as evidence for the prosecution at the trial of an accused person on proof on oath of each of the following matters:
(a) that the deponent:
(i)
is dead, or so ill as not to be able to travel or to give evidence without a risk of endangering the deponent’s life, or
(ii) is absent from Australia, (b) that the deposition was recorded:
(i)
by or in the presence of the justice before whom it was taken, and
(ii)
in the presence of the accused person or during any period when the accused person (having been excused under section 41 (1B) of the Justices Act 1902) was absent,
(c)
that the accused person, or his or her counsel, had full opportunity to cross-examine the witness, or that the accused person (having been excused under section 41 (1B) of the Justices Act 1902) was absent when the deposition was taken and was not represented by counsel.
(2) The deposition:
(a)
must be in writing, signed by the justice by or before whom the deposition was taken, or
(b)
must be in the form of a written transcript of matter recorded by means, other than writing, authorised by law for the recording of depositions.
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(3) If the deposition is in the form of a written transcript referred
to in subsection (2) (b), it must be proved on oath:
(a) that the record so made is a true record of the matter so deposed, and (b) that the transcript of the record is a correct transcript of that record. (4) If it appears from the deposition:
(a) that it was made in the presence of the accused person, and (b) that the accused person, or his or her counsel, had full opportunity to cross-examine the witness, the deposition is taken to have been so made and the accused person, or his or her counsel, is taken to have had such an opportunity, unless proved to the contrary. (5) If it appears from the deposition:
(a) that it was made while the accused person (having been excused under section 41 (1B) of the Justices Act 1902) was absent, and (b) that the accused person was not represented by counsel at that time, the deposition is taken to have been so made and the accused person is taken to have not been represented by counsel, unless proved to the contrary. (6) In this section, justice includes a coroner holding office under
the Coroners Act 1980.113 Depositions tendered by accused person
(1)
The deposition of any witness called and examined before a justice by and on behalf of the accused person may, if the accused person so requires, be admitted as evidence in his or her defence at the trial:
(a) if the witness:
(i)
is dead, or so ill as not to be able to travel or to give evidence without a risk of endangering the witness’s life, or
(ii) is absent from Australia, or
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(b)
if the committing justice has certified, before committing the accused person for trial, that in the opinion of the justice:
(i) the evidence of the witness is material, and (ii)
the witness is willing to attend the trial, but is unable to bear the expense of attendance.
(2) A deposition may not be admitted as evidence on the ground referred to in subsection (1) (b) if the witness has, in due time before the trial, been subpoenaed by the Crown. (3) In this section, justice includes a coroner holding office under
the Coroners Act 1980.114 Evidentiary effect of certain transcripts
(1)
If a deposition referred to in section 112 or 113 is in the form of a written transcript of matter recorded by means, other than writing, authorised by law for the recording of depositions:
(a)
the record so made is taken to be a true record of the matter so deposed, and
(b)
the transcript of the record is taken to be a correct transcript of that record,
unless proved to the contrary.
(2) Subsection (1) applies only to:
(a) a transcript made in the form of shorthand notes, being a transcript identified by, and signed in the handwriting of, the person purporting to have made those notes, or (b) a transcript made by other means (other than writing) authorised by law for the recording of depositions, being a transcript certified in the manner prescribed by the regulations made under the Justices Act 1902. 115 Depositions taken during pre-trial investigations
A deposition taken on the preliminary or other investigation of an indictable offence:
(a)
may be admitted as evidence on the trial of the accused person for any other offence, whether of the same or of a different kind, if it would be admissible on his or her trial for the offence in respect of which it was taken, and
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(b) may be proved in the same manner as if the accused person were on trial for that offence. 116 Written statements admitted in committal proceedings
(1) This section applies to:
(a)
a written statement the whole or any part of which has been admitted as evidence under section 48A of the Justices Act 1902, including any part of the statement that has been rejected under section 48F of that Act,
(b)
a written statement the whole or any part of which has been tendered as evidence under section 51A of the Justices Act 1902,
referred to in this section as a prescribed written statement.
(2) Except in so far as the court otherwise orders, a prescribed written statement may be admitted as evidence for the prosecution at the trial of the accused person on proof on oath that the person who made the statement:
(a)
is dead, or so ill as not to be able to travel or to give evidence without a risk of endangering the person’s life, or
(b) is absent from Australia.
(3) If the accused person so requires, a prescribed written statement may be admitted as evidence in the accused person’s defence at the trial of the accused person whenever:
(a) the person who made the statement: (i) is dead, or so ill as not to be able to travel or to give evidence without a risk of endangering the person’s life, or
(ii) is absent from Australia, or
(b)
the committing justice has certified, before committing the person for trial, that in the opinion of the justice:
(i)
the evidence of the person who made the statement is material, and
(ii)
the person is willing to attend the trial, but is unable to bear the expense of attendance.
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(4)
A statement may not be admitted as evidence on the ground referred to in subsection (3) (b) if the person who made the statement has, in due time before the trial, been subpoenaed by the Crown.
(5)
A prescribed written statement made in respect of an indictable offence may be admitted as evidence on the trial of the accused person for any other offence, whether of the same or of a different kind, if it would be admissible on his or her trial for the offence in respect of which it was made.
(6)
If at a trial it appears to the court that the whole or any part of a prescribed written statement is inadmissible, the court may reject the statement or that part, as the case may be, as evidence.
Division 6 Restrictions on disclosure of evidence in
certain sexual offence proceedings117 Application of Division
This Division applies to and in respect of the following offences:
(a) a prescribed sexual offence, or (b) an offence under section 66, 73, 74, 78A, 78B, 78N, 78O, 78Q, 79, 80, 86, 87, 89, 90, 91A, 91B, 91D, 91E, 91F or 91G of the Crimes Act 1900, or (c) an offence that, at the time it was committed, was an offence to which this Division, or section 77A or 578 of the Crimes Act 1900, applied, or (d) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraph (a), (b) or (c).
118 Proceedings in camera in certain cases
(1)
Any proceeding, or any part of any proceeding, in respect of an offence to which this Division applies is, if the court so directs, to be held in camera.
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(2)
If the court makes a direction under this section, it may (either absolutely or subject to conditions) exempt any person from that direction to the extent necessary to allow that person to be present as a support for a person giving evidence or for any other purpose that the court thinks fit.
(3) The court may make a direction under this section on its own
motion or at the request of any party to the proceedings.(4) In determining whether to make a direction under this section
the court is to consider the following matters:
(a)
the need of the complainant to have any person excluded from those proceedings,
(b)
the need of the complainant to have any person present in those proceedings,
(c) the interests of justice, (d) any other matter that the court thinks relevant. (5) In this section:
complainant, in relation to any proceedings for an offence, means the person, or any of the persons, on whom the offence is alleged to have been committed and includes:
(a) in relation to an offence under section 91D, 91E or 91F of the Crimes Act 1900, the person under the age of 18 years who is alleged to have participated in an act of child prostitution, and (b) in relation to an offence under section 91G of the Crimes Act 1900, the person under the age of 18 years who is alleged to have been used for pornographic purposes.
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| Schedule 5 | Further amendment of other Acts and instruments with respect to abolition of penal servitude |
Federation of New South Wales Police-Citizens Section 7 (1) (g) Youth Clubs (Reconstitution) Act 1989 No 163 Film and Television Office Act 1988 No 18 Schedule 2, clause 5 (1) (h) Fire Brigades Act 1989 No 192 Schedule 2, clause 5 (1) (h) Fire Services Joint Standing Committee Act 1998 Schedule 1, clause 5 (1) (h) No 18 Fisheries Management Act 1994 No 38 Schedule 2, clause 5 (1) (h);
Schedule 3, clause 5 (1) (h)Fisheries Management (Aquaculture) Regulation Schedule 2, clause 6 (h) 1995 Government Telecommunications Act 1991 No 77 Schedule 1, clause 5 (1) (h) Grain Marketing Act 1991 No 15 Schedule 1, clause 5 (1) (h) Health Care Complaints Act 1993 No 105 Schedule 2, clause 3 (1) (h) Home Purchase Assistance Authority Act 1993 No Schedule 1, clause 4 (1) (h) 15 HomeFund Commissioner Act 1993 No 9 Schedule 1, clause 4 (1) (g) Independent Commission Against Corruption Act Schedule 2, clause 6 (1) (i) 1988 No 35 Independent Pricing and Regulatory Tribunal Act Schedule 2, clause 5 (1) (i) 1992 No 39 Industrial and Commercial Training Act 1989 No 77 Schedule 5, clause 4 (1) (g) Institute of Sport Act 1995 No 52 Schedule 1, clause 5 (1) (h) Institute of Sport (Sporting Development Advisory Clause 7 (1) (h) Committee) Regulation 1996 Internal Audit Bureau Act 1992 No 20 Schedule 1, clause 5 (1) (h) Lake Illawarra Authority Act 1987 No 285 Schedule 3, clause 6 (1) (i) Legal Profession Act 1987 No 109 Schedule 3, clause 8 (1) (e) Local Government Act 1993 No 30 Schedule 4, clause 5 (1) (h) Macquarie University Act 1989 No 126 Schedule 1, clause 2 (f) Meat Industry Act 1978 No 54 Schedule 2, clause 5 (1) (h) Mines Rescue Act 1994 No 13 Schedule 1, clause 5 (1) (h) Mining Act 1992 No 29 Schedule 3, clause 5 (1) (h)
Crimes Legislation Amendment (Sentencing) Act 1999 No 94
| Further amendment of other Acts and instruments with respect to | Schedule 5 |
| abolition of penal servitude |
Mining (Boards of Management) Regulation 1995 Clause 6 (1) (f) Motor Accidents Compensation Act 1989 No 102 Schedule 1, clause 5 (1) (h);
Schedule 2, clause 5 (1) (h)Mount Panorama Motor Racing Regulation 1995 Clause 19 (1) (h) National Trust of Australia (New South Wales) Act Schedule 1, clause 6 (k) 1990 No 92 Native Vegetation Conservation Act 1997 No 133 Schedule 3, clause 5 (1) (h) New South Wales Cancer Council Act 1995 No 43 Schedule 1, clause 5 (1) (h) Non-Indigenous Animals Act 1987 No 166 Schedule 1, clause 6 (1) (e) Noxious Weeds Act 1993 No 11 Schedule 1, clause 3 (1) (h) Nurses Act 1991 No 9 Schedule 1, clause 5 (1) (h) Podiatrists Act 1989 No 23 Schedule 1, clause 6 (1) (i) Poisons and Therapeutic Goods Act 1966 No 31 Schedule 1, clause 6 (1) (h) Police Regulation (Superannuation) Act 1906 No 28 Schedule 4, clause 5 (1) (g) Privacy and Personal Information Protection Act Schedule 1, clause 4 (1) (g); 1998 No 133 Schedule 2, clause 5 (1) (h) Professional Standards Act 1994 No 81 Schedule 2, clause 5 (1) (h) Protection of the Environment Administration Act Schedule 1, clause 6 (1) (h); 1991 No 60 Schedule 2, clause 6 (1) (h) Psychologists Act 1989 No 51 Schedule 1, clause 5 (1) (h) Public Sector Management Act 1988 No 33 Schedule 8, clause 5 (1) (i) Public Sector Management (Goods and Services) Schedule 1, clause 4 (1) (h) Regulation 1995 Residential Tenancies Act 1987 No 26 Schedule 1, clause 5 (1) (e) Rural Assistance Act 1989 No 97 Schedule 1, clause 6 (1) (h) Rural Fires Act 1997 No 65 Schedule 1, clause 5 (1) (h) Rural Lands Protection Act 1989 No 197 Schedule 3, clause 3 (1) (f) Rural Lands Protection Act 1998 No 143 Schedule 3, clause 2 (1) (f) State Emergency and Rescue Management Act 1989 Schedule 1, clause 5 (1) (g) No 165 State Owned Corporations Act 1989 No 134 Schedule 8, clause 7 (1) (h) State Records Act 1998 No 17 Schedule 2, clause 5 (1) (h) Crimes Legislation Amendment (Sentencing) Act 1999 No 94
| Schedule 5 | Further amendment of other Acts and instruments with respect to abolition of penal servitude |
Sustainable Energy Development Act 1995 No 96 Schedule 1, clause 4 (1) (h) Technical and Further Education Commission Act Schedule 1, clause 6 (1) (h) 1990 No 118 Transport Administration Act 1988 No 109 Schedule 1, clause 7 (1) (h);
Schedule 3, clause 7 (1) (h)Treasury Corporation Act 1983 No 75 Schedule 3, clause 6 (1) (i) University of New South Wales Act 1989 No 125 Schedule 1, clause 2 (f) University of Newcastle Act 1989 No 68 Schedule 1, clause 2 (f) University of Sydney Act 1989 No 124 Schedule 1, clause 2 (f) University of Technology, Sydney, Act 1989 No 69 Schedule 1, clause 2 (f) University of Wollongong Act 1989 No 127 Schedule 1, clause 2 (f) Victims Rights Act 1996 No 114 Schedule 1, clause 6 (1) (h) Vocational Education and Training Accreditation Act Schedule 1, clause 5 (1) (h) 1990 No 120 Waste Minimisation and Management Act 1995 Schedule 1, clause 6 (1) (h) No 102 Waste Recycling and Processing Service Act 1970 Schedule 2, clause 6 (1) (h) No 97 Water Supply Authorities Act 1987 No 140 Schedule 5, clause 9 (1) (g) Young Offenders Act 1997 No 54 Schedule 1, clause 3 (1) (f) Young Offenders Regulation 1997 Clause 8 (1) (h) Youth Advisory Council Act 1989 No 39 Schedule 1, clause 5 (1) (h)
Crimes Legislation Amendment (Sentencing) Act 1999 No 94
| Further amendment of other Acts and instruments with respect to | Schedule 5 |
| abolition of penal servitude | |
| Part 3 |
Column 1 Column 2 Aboriginal Land Rights Act 1983 No 42 Schedule 5, clause 3 (g) Administrative Decisions Tribunal Act 1997 No 76 Schedule 3, clause 8 (1) (g) Albury-Wodonga Development Act 1974 No 47 Schedule 2, clause 3 (1) (i) Board of Vocational Education and Training Act Schedule 1, clause 5 (1) (e) 1994 No 33 Catchment Management Act 1989 No 235 Schedule 4, clause 5 (1) (f) Cattle Compensation (Advisory Council) Regulation Clause 9 (1) (e) 1999 Centennial Park and Moore Park Trust Regulation Clause 31 (h) 1999 Children (Care and Protection) Act 1987 No 54 Schedule 2A, clause 5 (1) (g) Commons Management Act 1989 No 13 Schedule 2, clause 3 (1) (h) Co-operative Housing and Starr-Bowkett Societies Schedule 4, clause 5 (1) (h) Act 1998 No 11 Crown Lands Act 1989 No 6 Schedule 3, clause 6 (1) (i) Dental Technicians Registration Act 1975 No 40 Section 7 (1) (d) Education Act 1990 No 8 Schedule 1, clause 9 (1) (h) Fair Trading Tribunal Act 1998 No 161 Schedule 1, clause 7 (1) (g) Financial Institutions Commission Act 1992 No 47 Schedule 1, clause 5 (1) (h) Fisheries Management (General) Regulation 1995 Clause 266 (3) (a) Grain Marketing Act 1991 No 15 Schedule 3, clause 5 (1) (e) Independent Commission Against Corruption Act Schedule 1, clause 6 (1) (i) 1988 No 35 Innovation Council Act 1996 No 77 Schedule 1, clause 6 (1) (h) Legal Profession Act 1987 No 109 Schedule 3A, clause 5 (1) (h);
Schedule 7, clause 4 (1) (e)Local Government Act 1993 No 30
Section 424 (2) (g); Schedule 1, clause 6 (1) (f); Schedule 2, clause 5 (1) (f); Schedule 5, clause 5 (1) (f)
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| Schedule 5 | Further amendment of other Acts and instruments with respect to abolition of penal servitude |
Medical Practice Act 1992 No 94 Schedule 3, clause 6 (1) (e) Parliamentary Remuneration Act 1989 No 160 Schedule 2, clause 4 (1) (f) Pharmacy Act 1964 No 48 Schedule 1, clause 5 (1) (e) Police Integrity Commission Act 1996 No 28 Schedule 1, clause 7 (1) (h);
Schedule 2, clause 7 (1) (h)Presbyterian Church (Corporations) Act 1995 No 67 Schedule 1, clause 3 (f) Radiation Control Act 1990 No 13 Schedule 1, clause 5 (1) (h) Residential Tribunal Act 1998 No 168 Schedule 1, clause 7 (1) (g) Rural Fires Regulation 1997 Clause 8 (2) (c) Rural Lands Protection Act 1989 No 197 Schedule 1, clause 2 (1) (h) Rural Lands Protection Act 1998 No 143 Schedule 1, clause 6 (1) (h) Southern Cross University Act 1993 No 69 Schedule 1, clause 2 (f) Superannuation Administration Act 1996 No 39 Schedule 1, clause 5 (1) (h);
Schedule 2, clause 6 (1) (h)Superannuation (Axiom Funds Management Schedule 1, clause 5 (1) (h) Corporation) Act 1996 No 40 Sydney Organising Committee for the Olympic Section 19 (1) (b) Games Act 1993 No 67 Totalizator Agency Board Privatisation Act 1997 Schedule 1, clause 7 (1) (g) No 43 Treasury Corporation Act 1983 No 75 Schedule 1, clause 6 (1) (i) University of New England Act 1993 No 68 Schedule 1, clause 2 (f) University of Western Sydney Act 1997 No 116 Schedule 1, clause 2 (g) Waste Minimisation and Management Act 1995 No Schedule 4, clause 6 (g) 102
Crimes Legislation Amendment (Sentencing) Act 1999 No 94
Notes
Notes
Index of Acts and Regulations amended by Schedules 2–5
Aboriginal Housing Act 1998 No 47—Schedule 5
Aboriginal Land Rights Act 1983 No 42—Schedule 5
Administrative Decisions Tribunal Act 1997 No 76—Schedule 5
Agricultural Industry Services Act 1998 No 45—Schedule 5
Air Transport Act 1964 No 36—Schedule 5
Albury-Wodonga Development Act 1974 No 47—Schedule 5
Ambulance Services (Staff) Regulation 1995—Schedule 4
Architects Act 1921 No 8—Schedule 4
Bail Act 1978 No 161—Schedule 4
Bail Regulation 1999—Schedule 4
Banana Industry Act 1987 No 66—Schedule 5
Banana Industry (Polls and Elections) Regulation 1998—Schedule 5
Bicentennial Park Trust Act 1987 No 29—Schedule 5
Board of Adult and Community Education Act 1990 No 119—Schedule 5
Board of Vocational Education and Training Act 1994 No 33—Schedule 5
Broken Hill Abattoirs, Markets, and Cattle Sale-yards Act (1900)—Schedule 4
C.B. Alexander Foundation Incorporation Act 1969 No 61—Schedule 5
Casino Control Act 1992 No 15—Schedule 4
Catchment Management Act 1989 No 235—Schedule 5
Cattle Compensation (Advisory Council) Regulation 1993—Schedule 5
Centennial Park and Moore Park Trust Regulation 1993—Schedule 5
Centre Based and Mobile Child Care Services Regulation (No 2) 1996—Schedule
4
Charles Sturt University Act 1989 No 76—Schedule 5
Children and Young Persons Legislation (Repeal and Amendment) Act 1998
No 158—Schedule 4
Children (Care and Protection) Act 1987 No 54—Schedules 4, 5
Crimes Legislation Amendment (Sentencing) Act 1999 No 94
Notes
Children (Care and Protection) Regulation 1996—Schedule 4
Children (Community Service Orders) Act 1987 No 56—Schedule 4
Children (Criminal Proceedings) Act 1987 No 55—Schedule 4
Children (Detention Centres) Act 1987 No 57—Schedule 4
Chiropractors and Osteopaths Act 1991 No 7—Schedule 5
City of Sydney Act 1988 No 48—Schedule 5
Coastal Protection Act 1979 No 13—Schedule 4
Common Carriers Act 1902 No 48—Schedule 4
Commons Management Act 1989 No 13—Schedule 5
Community Justice Centres Act 1983 No 127—Schedule 4
Community Service Orders Act 1979 No 192—Schedule 4
Community Services (Complaints, Reviews and Monitoring) Act 1993
No 2—Schedule 5
Companies (Administration) Act 1981 No 64—Schedule 4
Companion Animals Act 1998 No 87—Schedules 4, 5
Compensation to Relatives Act 1897 No 31—Schedule 4
Confiscation of Proceeds of Crime Act 1989 No 90—Schedule 4
Constitution Act 1902 No 32—Schedule 4
Conveyancers Licensing Act 1995 No 57—Schedule 4
Conveyancing Act 1919 No 6—Schedule 4
Co-operation Act 1923 (1924 No 1)—Schedule 4
Co-operative Housing and Starr-Bowkett Societies Act 1998 No 11—Schedule 5
Co-operatives Act 1992 No 18—Schedules 4, 5
Coroners Act 1980 No 27—Schedule 4
Correctional Centres Act 1952 No 9—Schedule 4
Correctional Centres (General) Regulation 1995—Schedule 4
Council of Law Reporting Act 1969 No 59—Schedule 4
Crimes Act 1900 No 40—Schedule 3
Criminal Appeal Act 1912 No 16—Schedule 4
Crimes Legislation Amendment (Sentencing) Act 1999 No 94
Notes
Criminal Procedure Act 1986 No 209—Schedules 2, 4
Criminal Records Act 1991 No 8—Schedule 4
Crown Lands Act 1989 No 6—Schedules 4, 5
Crown Prosecutors Act 1986 No 208—Schedule 4
Dams Safety Act 1978 No 96—Schedule 5
Dangerous Goods Act 1975 No 68—Schedule 4
Dangerous Goods (General) Regulation 1999—Schedule 4
Defamation Act 1974 No 18—Schedule 4
Dental Technicians Registration Act 1975 No 40—Schedules 4, 5
Dentists Act 1989 No 139—Schedules 4, 5
Director of Public Prosecutions Act 1986 No 207—Schedule 4
District Court Act 1973 No 9—Schedule 4
Drainage Act 1939 No 29—Schedule 4
Driving Instructors Act 1992 No 3—Schedule 4
Drug Court Act 1998 No 150—Schedule 4
Drug Misuse and Trafficking Act 1985 No 226—Schedule 4
Drug Offensive Act 1987 No 119—Schedule 5
Education Act 1990 No 8—Schedule 5
Education (Ancillary Staff) Act 1987 No 240—Schedule 4
Electricity (Pacific Power) Act 1950 No 22—Schedules 4, 5
Electricity Supply (Licence Compliance Advisory Board) Regulation
1996—Schedule 5
Entertainment Industry Act 1989 No 230—Schedule 5
Environmental Trust Act 1998 No 82—Schedule 5
Ethnic Affairs Commission Act 1979 No 23—Schedule 5
Evidence Act 1995 No 25—Schedule 4
Fair Trading Act 1987 No 68—Schedule 5
Fair Trading Tribunal Act 1998 No 161—Schedule 5
Family Day Care and Home Based Child Care Services Regulation
1996—Schedule 4
Crimes Legislation Amendment (Sentencing) Act 1999 No 94
Notes
Federation of New South Wales Police-Citizens Youth Clubs (Reconstitution) Act
1989 No 163—Schedule 5
Felons (Civil Proceedings) Act 1981 No 84—Schedule 4
Film and Television Office Act 1988 No 18—Schedule 5
Financial Institutions Commission Act 1992 No 47—Schedules 4, 5
Fines Act 1996 No 99—Schedule 4
Fire Brigades Act 1989 No 192—Schedule 5
Fire Services Joint Standing Committee Act 1998 No 18—Schedule 5
Firearms Act 1996 No 46—Schedule 4
Firearms (General) Regulation 1997—Schedule 4
Fisheries Management Act 1994 No 38—Schedules 4, 5
Fisheries Management (Aquaculture) Regulation 1995—Schedule 5
Fisheries Management (General) Regulation 1995—Schedule 5
Forestry Act 1916 No 55—Schedule 4
Guardianship Act 1987 No 257—Schedule 4
Government Telecommunications Act 1991 No 77—Schedule 5
Grain Marketing Act 1991 No 15—Schedule 5
Growth Centres (Development Corporations) Act 1974 No 49—Schedule 5
Habitual Criminals Act 1957 No 19—Schedule 4
Health Care Complaints Act 1993 No 105—Schedule 5
Health Services Act 1997 No 154—Schedule 4
Heritage Act 1977 No 136—Schedule 4
Home Purchase Assistance Authority Act 1993 No 15—Schedule 5
HomeFund Commissioner Act 1993 No 9—Schedule 5
Hunter Water Act 1991 No 53—Schedule 4
Imperial Acts Application Act 1969 No 30—Schedule 4
Independent Commission Against Corruption Act 1988 No 35—Schedules 4, 5
Independent Pricing and Regulatory Tribunal Act 1992 No 39—Schedule 5
Industrial and Commercial Training Act 1989 No 77—Schedule 5
Crimes Legislation Amendment (Sentencing) Act 1999 No 94
Notes
Industrial Relations Act 1996 No 17—Schedule 4
Inebriates Act 1912 No 24—Schedule 4
Innovation Council Act 1996 No 77—Schedule 5
Inscribed Stock (Issue and Renewals) Act 1912 No 51—Schedule 4
Institute of Rural Studies Act 1973 No 54—Schedule 4
Institute of Sport Act 1995 No 52—Schedule 5
Institute of Sport (Sporting Development Advisory Committee) Regulation
1996—Schedule 5
Internal Audit Bureau Act 1992 No 20—Schedule 5
International Transfer of Prisoners (New South Wales) Act 1997
No 144—Schedule 4
Interpretation Act 1987 No 15—Schedule 4
Irrigation Corporations Act 1994 No 41—Schedule 4
Jury Act 1977 No 18—Schedule 4
Justices Act 1902 No 27—Schedule 4
Lake Illawarra Authority Act 1987 No 285—Schedule 5
Land and Environment Court Act 1979 No 204—Schedule 4
Landlord and Tenant (Rental Bonds) Act 1977 No 44—Schedule 5
Law Foundation Act 1979 No 32—Schedule 4
Legal Aid Commission Act 1979 No 78—Schedule 5
Legal Profession Act 1987 No 109—Schedule 5
Lie Detectors Act 1983 No 62—Schedule 4
Liens on Crops and Wool and Stock Mortgages Act 1898 No 7—Schedule 4
Listening Devices Act 1984 No 69—Schedule 4
Local Government Act 1993 No 30—Schedules 4, 5
Local Government (City of Sydney Boundaries) Act 1967 No 48—Schedule 5
Lord Howe Island Act 1953 No 39—Schedule 5
Macquarie University Act 1989 No 126—Schedule 5
Marine (Boating Safety—Alcohol and Drugs) Act 1991 No 80—Schedule 4
Matrimonial Causes Act 1899 No 14—Schedule 4
Crimes Legislation Amendment (Sentencing) Act 1999 No 94
Notes
Meat Industry Act 1978 No 54—Schedule 5
Medical Practice Act 1992 No 94—Schedule 5
Mental Health Act 1990 No 9—Schedule 4
Mental Health (Criminal Procedure) Act 1990 No 10—Schedule 4
Mines Inspection Act 1901 No 75—Schedule 4
Mines Rescue Act 1994 No 13—Schedule 5
Mining Act 1992 No 29—Schedules 4, 5
Mining (Boards of Management) Regulation 1995—Schedule 5
Motor Accidents Compensation Act 1999 No 41—Schedule 5
Motor Dealers Act 1974 No 52—Schedule 4
Mount Panorama Motor Racing Regulation 1995—Schedule 5
Murray Valley Citrus Marketing Act 1989 No 155—Schedule 4
National Parks and Wildlife Act 1974 No 80—Schedule 4
National Trust of Australia (New South Wales) Act 1990 No 92—Schedule 5
Native Vegetation Conservation Act 1997 No 133—Schedule 5
Navigation Act 1901 No 60—Schedule 4
New South Wales Cancer Council Act 1995 No 43—Schedule 5
New South Wales Crime Commission Act 1985 No 117—Schedule 4
New South Wales—Queensland Border Rivers Act 1947 No 10—Schedule 4
Non-Indigenous Animals Act 1987 No 166—Schedule 5
Noxious Weeds Act 1993 No 11—Schedule 5
Nurses Act 1991 No 9—Schedule 5
Nursing Homes Act 1988 No 124—Schedule 4
Oaths Act 1900 No 20—Schedule 4
Optical Dispensers Act 1963 No 35—Schedule 4
Optometrists Act 1930 No 20—Schedule 4
Parliamentary Electorates and Elections Act 1912 No 41—Schedule 4
Parliamentary Evidence Act 1901 No 43—Schedule 4
Parliamentary Remuneration Act 1989 No 160—Schedule 5
Crimes Legislation Amendment (Sentencing) Act 1999 No 94
Notes
Parole Orders (Transfer) Act 1983 No 190—Schedule 4
Pawnbrokers and Second-hand Dealers Act 1996 No 13—Schedule 4
Periodic Detention of Prisoners Act 1981 No 18—Schedule 4
Petroleum (Submerged Lands) Act 1982 No 23—Schedule 4
Pharmacy Act 1964 No 48—Schedule 5
Physiotherapists Registration Act 1945 No 9—Schedule 4
Physiotherapists Registration Regulation 1995—Schedule 4
Pipelines Act 1967 No 90—Schedule 4
Podiatrists Act 1989 No 23—Schedule 5
Poisons and Therapeutic Goods Act 1966 No 31—Schedule 5
Police Department (Transit Police) Act 1989 No 58—Schedule 4
Police Integrity Commission Act 1996 No 28—Schedules 4, 5
Police (Special Provisions) Offences Act 1901 No 5—Schedule 4
Police Regulation (Superannuation) Act 1906 No 28—Schedule 5
Presbyterian Church (Corporations) Act 1995 No 67—Schedule 5
Pre-Trial Diversion of Offenders Act 1985 No 153—Schedule 4
Prisoners (Interstate Transfer) Act 1982 No 104—Schedule 4
Privacy and Personal Information Protection Act 1998 No 133—Schedule 5
Private Hospitals and Day Procedure Centres Act 1988 No 123—Schedule 4
Professional Standards Act 1994 No 81—Schedule 5
Property, Stock and Business Agents Act 1941 No 28—Schedule 4
Protection of the Environment Administration Act 1991 No 60—Schedule 5
Protection of the Environment Operations Act 1997 No 156—Schedule 4
Psychologists Act 1989 No 51—Schedule 5
Public Defenders Act 1995 No 28—Schedule 4
Public Sector Management Act 1988 No 33—Schedules 4, 5
Public Sector Management (Goods and Services) Regulation 1995—Schedule 5
Radiation Control Act 1990 No 13—Schedule 5
Real Property Act 1900 No 25—Schedule 4
Crimes Legislation Amendment (Sentencing) Act 1999 No 94
Notes
Residential Tenancies Act 1987 No 26—Schedule 5 Residential Tribunal Act 1998 No 168—Schedule 5 Road Transport (General) Act 1999 No 18—Schedule 4
Royal Commission (Police Service) Act 1994 No 60—Schedule 4
Rural Assistance Act 1989 No 97—Schedule 5
Rural Fires Act 1997 No 65—Schedules 4, 5
Rural Fires Regulation 1997—Schedule 5
Rural Lands Protection Act 1989 No 197—Schedule 5
Rural lands Protection Act 1998 No 143—Schedule 5
Security Industry Regulation 1998—Schedule 4
Sentencing Act 1989 No 87—Schedule 4
Southern Cross University Act 1993 No 69—Schedule 5
Sporting Injuries Insurance Act 1978 No 141—Schedule 5
State Emergency and Rescue Management Act 1989 No 165—Schedule 5
State Owned Corporations Act 1989 No 134—Schedule 5
State Records Act 1998 No 17—Schedule 5
Statutory and Other Offices Remuneration Act 1975 (1976 No 4)—Schedule 5
Summary Offences Act 1988 No 25—Schedule 4
Superannuation Administration Act 1996 No 39—Schedule 5
Superannuation (Axiom Funds Management Corporation) Act 1996
No 40—Schedule 5
Supreme Court Act 1970 No 52—Schedule 4
Supreme Court (Summary Jurisdiction) Act 1967 No 72—Schedule 4
Surveyors Act 1929 No 3—Schedule 4
Sustainable Energy Development Act 1995 No 96—Schedule 5
Sydney Cricket and Sports Ground Act 1978 No 72—Schedule 5
Sydney Organising Committee for the Olympic Games Act 1993 No 67—Schedule
5
Sydney Water Act 1994 No 88—Schedule 4
Teacher Housing Authority Act 1975 No 27—Schedule 5
Crimes Legislation Amendment (Sentencing) Act 1999 No 94
Notes
Technical and Further Education Commission Act 1990 No 118—Schedule 5
Thoroughbred Racing Board Act 1996 No 37—Schedule 4
Totalizator Agency Board Privatisation Act 1997 No 43—Schedule 5
Tow Truck Act 1989 No 158—Schedule 4
Traffic Act 1909 No 5—Schedule 4
Transport Administration Act 1988 No 109—Schedule 5
Transport Administration (Staff) Regulation 1995—Schedule 4
Travel Agents Act 1986 No 5—Schedule 4
Treasury Corporation Act 1983 No 75—Schedule 5
Trustee Act 1925 No 14—Schedule 4
University of New England Act 1993 No 68—Schedule 5
University of New South Wales Act 1989 No 125—Schedule 5
University of Newcastle Act 1989 No 68—Schedule 5
University of Sydney Act 1989 No 124—Schedule 5
University of Technology, Sydney, Act 1989 No 69—Schedule 5
University of Western Sydney Act 1997 No 116—Schedule 5
University of Wollongong Act 1989 No 127—Schedule 5
Unlawful Gambling Act 1998 No 113—Schedule 4
Victims Compensation Act 1996 No 115—Schedule 4
Victims Rights Act 1996 No 114—Schedules 4, 5
Vocational Education and Training Accreditation Act 1990 No 120—Schedule 5
Waste Minimisation and Management Act 1995 No 102—Schedule 5
Waste Recycling and Processing Service Act 1970 No 97—Schedule 5
Water Act 1912 No 44—Schedule 4
Water Supply Authorities Act 1987 No 140—Schedule 5
Weapons Prohibition Act 1998 No 127—Schedule 4
Wild Dog Destruction Act 1921 No 17—Schedule 4
Witness Protection Act 1995 No 87—Schedule 4
Crimes Legislation Amendment (Sentencing) Act 1999 No 94
Notes
Workers Compensation (Workplace Injury Management) Regulation
1995—Schedule 4
Young Offenders Act 1997 No 54—Schedules 4, 5
Young Offenders Regulation 1997—Schedule 5
Youth Advisory Council Act 1989 No 39—Schedule 5
Zoological Parks Board Act 1973 No 34—Schedule 5
[Minister's second reading speech made in—
Legislative Assembly on 28 October 1999 Legislative Council on 30 November 1999]
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