Crimes (Summary Offences) Amendment Act 1979 (NSW)

CRIMES ( S U M M A R Y OFFENCES) A M E N D M E N T

A C T , 1 9 7 9 , N o . 7 2

A N N O VICESIMO OCTAVO

ELIZABETHE II REGINE

Act N o . 7 2 , 1 9 7 9 .

An Act to amend the Crimes Act, 1900, consequentially upon the enactment of the Summary offences (Repeal) Act, 1979. [Assented to, 11th May, 1979.].

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

This Act may be cited as the "Crimes (Summary Offences) Amendment Act, 1979".

1.

2.      ( 1 ) This section and section 1 shall commence on the date

of assent to this Act.

(2) Except as provided in subsection ( 1 ) , this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3 .       This Act contains the following Schedules :—

SCHEDULE 1 . — A M E N D M E N T S TO PART I OF THE CRIMES

A C T ,	1 9 0 0 .
SCHEDULE 2 . — A M E N D M E N T S	TO PART III OF THE	CRIMES

A C T , 1 9 0 0 .

SCHEDULE 3 . — A M E N D M E N T S TO PART IV OF THE CRIMES

A C T , 1 9 0 0 .

SCHEDULE 4 . — A M E N D M E N T S TO PART X OF THE C R I M E S

A C T , 1 9 0 0 .

SCHEDULE 5 . — A M E N D M E N T S TO PART XIV OF THE

C R I M E S A C T , 1 9 0 0 .

1. The Crimes Act, 1 9 0 0 , is amended in the manner set forth

in Schedules 1 - 5 .

SCHEDULE 1.

A M E N D M E N T S TO PART I OF THE C R I M E S A C T , 1 9 0 0 .

( 1 ) Section 1, matter relating to Part I I I—

Omit "9ID", insert instead " 9 1 B " .

(2) (a) Section 1, matter relating to Part X —

Omit "357A", insert instead "357E".

(b) Section 1, matter relating to Part X —

After "358.", insert :—

(4) Disposal of property in the custody of the

police.—s. 358A.

(3) (a ) Section 1 , matter relating to Part XIV, Chapter I I I —

After "animals", insert ", &c".

(b) Section 1, matter relating to Part XIV, Chapter I I I—

After "527.", insert :—

(5A) Obtaining money, &c, by false

representation.—s. 527A.

( 5 B ) Framing a false invoice.—s. 527B.

(5c ) Persons unlawfully in possession of property,

—s. 527c.

SCHEDULE 1—continued.

A M E N D M E N T S TO PART I OF THE C R I M E S A C T , 1900—cont inued.

(c) Section 1 , matter relating to Part X I V , Chapter I I I —

After "546.", insert : —

( E 1 )	CONSORTING.— s . 546A.
( E 2 )	I N T E N T TO R E P E A T INDICTABLE O F F E N C E .
—s. 546B.
( E 3 )	RESISTING, & C , P O L I C E . — s . 546c.

(d) Section 1, matter relating to Part X I V , Chapter I I I —

After "547B.", i n se r t :—

(i)     P R Y I N G . — s . 547c.

SCHEDULE 2 .

A M E N D M E N T S TO PART I I I OF THE C R I M E S A C T , 1 9 0 0 .

( 1 ) Section 9 1 A —

After "any person", insert " (no t being a prostitute)".

( 2 ) Section 9 I D —

Omit the section.

SCHEDULE 3 .

A M E N D M E N T S TO PART I V OF THE C R I M E S A C T , 1 9 0 0 .

( 1 ) Section 1 1 4 ( 1 ) (a) —

After "intent to", insert "commit an indictable offence or to".

( 2 ) Section 1 1 4 ( 1 ) ( a ) —

Omit "felony or".

SCHEDULE 4 .

A M E N D M E N T S TO PART X OF THE C R I M E S A C T , 1 9 0 0 .

( 1 ) (a ) Section 3 5 4 ( 1 ) (b) —

Omit "or".

(b) Section 3 5 4 ( 1 ) ( c ) —

Omit "offence,", insert instead "offence; or".

(c) Section 3 5 4 ( 1 ) ( d ) —

After section 3 5 4 ( 1 ) ( c ) , insert :—

(d)	anything	stolen	or	otherwise	unlawfully
obtained,

(d) Section 3 5 4 ( 8 ) , definition of "premises"—

After "vessel", insert "(whether decked or

undecked)".

SCHEDULE 4—continued.

A M E N D M E N T S TO PART X OF THE C R I M E S A C T , 1 9 0 0 —

continued.

(2) Sections 3 5 7 B - 3 5 7 E —

After section 357A, insert :—

357B. In sections 357c and 357D—

"police vessel" means a vessel ordinarily used by members of the police force in the execution of their duty;

"vessel" includes an undecked boat.

357c. A member of the police force of or above the rank of sergeant or in charge of a police station or police vessel may at any time with as many members of the police force as he thinks necessary—

(a) enter into any part of any vessel;

(b) search and inspect the vessel;

(c) take all necessary measures for preventing injury on the vessel to persons or damage to property by fire or otherwise; and

(d) take all necessary measures for preserving peace

and good order on the vessel or for preventing,

detecting or investigating any offences that may be, or may have been, committed on the vessel.

357D. A member of the police force of or above the rank of sergeant or in charge of a police station or police vessel, may, for the purposes of enabling any powers conferred on members of the police force by this Act or any other law to be exercised, stop and detain any vessel in which he reasonably suspects—

(a) that an indictable offence has been or is about to be committed;

SCHEDULE 4—continued.

A M E N D M E N T S TO PART X OF THE C R I M E S A C T , 1 9 0 0 —

continued.

(b)	that there is a person who has committed an indictable offence or for whose arrest there is in force a warrant; or
(c)	that there is any thing stolen or otherwise unlawfully obtained or any thing that has been used or is intended to be used in the commission of an indictable offence.

357E. A member of the police force may stop, search and detain—

(a)	any person whom he reasonably suspects of having or conveying any thing stolen or otherwise unlawfully obtained or any thing used or intended to be used in the commission of an indictable offence; or
(b)	any vehicle in which he reasonably suspects there is any thing stolen or otherwise unlawfully obtained or any thing used or intended to be used in the commission of an indictable offence.

(3 ) Section 358A—

After section 358, insert :—

Disposal of property in the custody of the police.

358A. ( 1 ) A court may, on the application of any person, make an order that any property which is in the custody of a member of the police force in connection with any offence whether. punishable on indictment or summarily, be delivered to the person who appears to it to be lawfully entitled thereto.

SCHEDULE 4—continued.

A M E N D M E N T S TO PART X OF THE C R I M E S A C T , 1 9 0 0 —

continued.

( 2 ) If any property referred to in subsection ( 1 )

has not been delivered to the person lawfully entitled thereto, whether pursuant to an order under subsection ( 1 ) or otherwise, within one month after the determination of proceedings against a person for an offence with respect to the property, the property, if money, shall be paid to the Treasurer for payment into the Consolidated Revenue Fund

or, if not money, may be sold by public auction and the

proceeds of the sale shall be paid to the Treasurer for
payment into that Fund.

( 3 ) A person who is lawfully entitled to any property which has been dealt with in accordance with subsection ( 2 ) may recover the money or the proceeds of the sale, as the case may be, from the Treasurer.

( 4 ) In subsection ( 1 ) , "court" means—

(a) where the value of the property, if not money, does not exceed $ 2 , 0 0 0 or the property, if money, does not amount to more than $2 ,000-—the court of petty sessions for the district in which the

property or money is held;

(b) where the value of the property, if not money, exceeds $ 2 , 0 0 0 but does not exceed $ 2 0 , 0 0 0 or the property, if money, amounts to more than

$ 2 , 0 0 0 but does not amount to more than

$ 2 0 , 0 0 0 — t h e District Court of New South Wales; or
(c)	where the value of the property, if not money, exceeds $ 2 0 , 0 0 0 or the property, if money, amounts to more than $ 2 0 , 0 0 0 — t h e Supreme Court of New South Wales.
SCHEDULE	5 .

A M E N D M E N T S TO PART X I V OF THE C R I M E S A C T , 1 9 0 0 .

( 1 ) Section 5 0 1 , short heading—

After "animals", insert ", &c".

( 2 ) Sections 5 2 7 A - 5 2 7 C —

After section 5 2 7 , insert:—

Obtaining money, &c.y by false representation.

5 2 7 A . Any person who by any wilfully false represen­ tation obtains or attempts to obtain any money or valuable thing, or any benefit, from another person, shall be liable on conviction before a stipendiary magistrate to imprisonment for 6 months or to a fine of $ 4 0 0 .

Framing a false invoice.

5 2 7 B . Any person who fraudulently prepares, causes to be prepared or produces an invoice, receipt or document containing a false statement, with intent to induce the belief that any thing was not stolen or otherwise unlawfully obtained or to prevent any thing from being seized on suspicion of being stolen or otherwise unlawfully obtained or from being produced in evidence concerning an alleged offence, shall be liable on conviction before a stipendiary magistrate to imprisonment for 3 months, or to a fine of

$ 2 0 0 .

SCHEDULE 5—continued.

A M E N D M E N T S TO PART X I V OF THE C R I M E S A C T , 1 9 0 0 —

continued.

Persons unlawfully in possession of property.

527c. ( 1 ) Any person who—

(a) has any thing in his custody;

(b) has any thing in the custody of another person;

(c)	has any thing in or on premises, whether belong­ ing to or occupied by himself or not, or whether that thing is there for his own use or the use of another; or
(d)	gives custody of any thing to a person who is not lawfully entitled to possession of the thing,

which thing may be reasonably suspected of being stolen or otherwise unlawfully obtained, shall be liable on con­ viction before a stipendiary magistrate to imprisonment for 6 months, or to a fine of $400.

(2 ) It is a sufficient defence to a prosecution for

an offence under subsection (1) if the defendant satisfies the court that he had no reasonable grounds for suspecting that the thing referred to in the charge was stolen or otherwise unlawfully obtained.

(3 ) In this section, "premises" includes any structure, building, vehicle, vessel, whether decked or undecked, or place, whether built upon or not, and any part thereof.

SCHEDULE 5—continued.

A M E N D M E N T S TO PART X I V OF THE C R I M E S A C T , 1900—

continued.

( 3 ) Sections 5 4 6 A - 5 4 6 C —

After section 546, insert :—

( E 1 ) CONSORTING.

546A. Any person who habitually consorts with persons who have been convicted of indictable offences, if he knows that the persons have been convicted of indictable offences, shall be liable on conviction before a stipendiary magistrate to imprisonment for 6 months, or to a fine of $400.

( E 2 ) I N T E N T TO R E P E A T INDICTABLE O F F E N C E .

546B. (1 ) Any person who, having been convicted of an indictable offence, is found in or near any premises or public place with intent to commit an indictable offence shall be liable on conviction before a stipendiary magistrate to imprisonment for 6 months, or to a fine of $400.

(2) In this section, "premises" includes any

structure, building, vehicle, vessel, whether decked or undecked, or place, whether built upon or not, and any part thereof.

( E 3 ) RESISTING, & C , POLICE.

546c. Any person who resists or hinders or incites any person to assault, resist or hinder a member of the police force in the execution of his duty shall be liable on con­ viction before a stipendiary magistrate to imprisonment for 3 months, or to a fine of $200.

S C H E D U L E 5—continued.

A M E N D M E N T S TO PART X I V OF THE C R I M E S A C T ,

1900—continued.

(4 ) Section 5 4 7 c —

After section 547B, in se r t :—

(i) PRYING.

547C. Any person who is in, on or near a building without reasonable cause with intent to peep or pry upon another person shall be liable on conviction before a stipendiary magistrate to imprisonment for 3 months, or to a fine of $200.