Criminal Code Amendment Act 2010 (ACT)

Criminal Code Amendment Act 2010

A2010-44

An Act to amend the Criminal Code 2002

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Criminal Code Amendment Act 2010.

2. Commencement

   This Act commences on the day after its notification day.

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

3. Legislation amended

   This Act amends the Criminal Code 2002.

4. New division 2.3.6

   insert

Division 2.3.6           Lawful purpose

43ALawful possession

(1)A person is not criminally responsible for an offence of possessing a particular material or thing if—

(a)the person is—

(i)employed by, or appointed as a member of, a law enforcement or justice agency; or

(ii)required to provide technical, professional or expert services to a law enforcement or justice agency; or

(iii)a legal practitioner, or a person employed by or required to provide technical, professional or expert services to a legal practitioner; and

(b)the possession is—

(i)for a law enforcement purpose; and

(ii)reasonable in the circumstances for that purpose.

(2)Possession of a particular material or thing is for a law enforcement purpose if the possession is necessary for, or of assistance in, any of the following:

(a)enforcing a law of the Commonwealth, a State or Territory;

(b)monitoring compliance with, or investigating a contravention of, a law of the Commonwealth, a State or Territory;

(c)the administration of justice.

Examples—law enforcement purpose

1     police investigation

2     giving legal advice or providing legal representation

3     carrying out analyses or tests for forensic reasons

4     judicial service

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3)In determining a person’s criminal responsibility, the question of whether a person’s possession of a particular material or thing is for a law enforcement purpose is a question of fact.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 23 September 2010.

2. Notification

   Notified under the Legislation Act on 24 November 2010.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Criminal Code Amendment Bill 2010, which was passed by the Legislative Assembly on 16 November 2010.

   Acting Clerk of the Legislative Assembly

   © Australian Capital Territory 2010