Criminal Legislation Amendment Act 1996 (NSW)
New South Wales
Criminal Legislation Amendment
Act 1996 No 6
Contents
Page
1 Name of Act 2 2 Commencement 2 3 Amendment of Acts 2
Schedule 1 Amendment of Acts 3 Children (Criminal Proceedings) Act 1987
Crimes Act 1900
Criminal Appeal Act 1912
Criminal Procedure Act 1986
Justices Act 1902
Listening Devices Act 1984
Summary Offences Act 1988
Supreme Court Act 1970
New South Wales
Criminal Legislation Amendment
Act 1996 No 6
Act No 6, 1996
An Act to amend the Crimes Act 1900 and certain other Acts to make miscellaneous amendments relating to criminal law and procedure, and for other purposes. [Assented to 5 June 1996]
| Section 1 | Criminal Legislation Amendment Act 1996 No 6 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Criminal Legislation Amendment Act 1996.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Acts
Each Act specified in Schedule 1 is amended as set out in that
Schedule.
Criminal Legislation Amendment Act 1996 No 6
Amendment of Acts Schedule 1 Schedule 1 Amendment of Acts
(Section 3)
1.1 Children (Criminal Proceedings) Act 1987 No 55 [1] Section 11 Publication and broadcasting of names Omit section 11 (3). Insert instead:
(3) A person who publishes or broadcasts the name of any child the publication or broadcasting of which is prohibited by subsection (1) is guilty of an offence. Maximum penalty: 500 penalty units (in the case of a corporation) or 50 penalty units or imprisonment for 12 months, or both, in any other case.
[2] Section 12A
Insert after section 12:
12A Bail applications
Sections 10 and 11 apply to a child who appears or is brought before a court in relation to a bail application in the same way as the sections apply to a child appearing or brought before a court in any criminal proceeding.
[3] Section 49 Proceedings for offences
Insert “and subsection (2)” after “Part 3”.
Criminal Legislation Amendment Act 1996 No 6
| Schedule 1 | Amendment of Acts |
Section 49 (2) and (3)
Insert at the end of section 49:
(2)
Proceedings for an offence against section 11 may be dealt with by the Supreme Court in its summary jurisdiction.
(3)
If proceedings for an offence against section 11 are brought before a Local Court, the maximum penalty that the Local Court may impose on a corporation is 50 penalty units.
| 1.2 | Crimes Act 1900 No 40 |
| [1] | Section 1 Short title and contents of Act |
| Insert after the matter relating to Part I (3A): |
(3B) Misuse of public property by public officials outside the
State—s 3B
Section 1
Omit “56–60” from the matter relating to item 7 of Part 3.
Insert instead “56–59”.
Section 1
Insert at the end of the matter relating to Part 10:
(5) Offence relating to escaped prisoners—s 358C
Section 1
Insert “Part 11A Intoxication-ss 428A–428I” after the matter relating to Part I I .
Criminal Legislation Amendment Act 1996 No 6
Amendment of Acts Schedule 1 [5] Section 3B
Insert after section 3A:
Misuse of public property by public officials outside the State
3B Misuse of public property by public officials outside the
State
A public official commits an offence under section
178BA or 178BB i f
(a) the public official does, or omits to do, outside the State any act or thing that constitutes the offence, and (b) (apart from this section) the act or omission would have constituted the offence had it been done, or omitted to be done, within the State, and (c) the offence involves public money of the State or other property held by any person for or on behalf of the State. A public official who commits an offence by the operation of this section may be dealt with, and is liable to the same punishment, as if the public official had committed the offence within the State.
A sufficient nexus exists between the State and an element of an offence to which this section applies if the
offence is committed by a public official and involves the misuse of public money of the State or other property
held by any person for or on behalf of the State.The other provisions of this Act, the provisions of other Acts and the common law, in so far as these are applicable, apply to an offence to which this section applies as if it had been committed within the State (for example, section 344A and the rules of law relating to attempts to commit offences apply to such an offence).
Criminal Legislation Amendment Act 1996 No 6
| Schedule 1 | Amendment of Acts |
(5) Nothing in this section prevents or affects any other punishment, or any forfeiture, provided under any Act. In particular, nothing in this section prevents or affects any other punishment for a breach of discipline by a public official. (6) This section applies only to acts or omissions occurring
after the commencement of this section.(7) This section is in addition to and does not derogate from any other basis on which the courts of the State may exercise criminal jurisdiction. (8) In this section: public official has the same meaning as it has in the Independent Commission Against Corruption Act 1988. the State includes:
(a) the territorial sea adjacent to the State, and (b) the sea on the landward side of the territorial sea that is not within the limits of the State.
Sections 52B and 52BA
Omit section 52B. Insert instead:
52B Dangerous navigation: substantive matters
( 1 ) Dangerous navigation occasioning death A person is guilty of the offence of dangerous navigation occasioning death if the vessel navigated by the person is involved in an impact occasioning the death of another person and the person navigating the vessel was, at the time of the impact, navigating the vessel:
(a)
under the influence of intoxicating liquor or of a drug, or
(b) at a speed dangerous to the public, or (c) in a manner dangerous to the public. A person convicted of an offence under this subsection is liable to imprisonment for 10 years.
Criminal Legislation Amendment Act 1996 No 6
Amendment of Acts Schedule 1
(2) Aggravated dangerous navigation occasioning
deathA person is guilty of the offence of aggravated dangerous navigation occasioning death if the person commits the offence of dangerous navigation occasioning death in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.
(3) Dangerous navigation causing grievous bodily harm A person is guilty of the offence of dangerous navigation causing grievous bodily harm if the vessel navigated by the person is involved in an impact occasioning grievous bodily harm to another person and the person navigating the vessel was, at the time of the impact, navigating the vessel:
(a)
under the influence of intoxicating liquor or of a drug, or
(b) at a speed dangerous to the public, or (c) in a manner dangerous to the public. A person convicted of an offence under this subsection is liable to imprisonment for 7 years.
(4) Aggravated dangerous navigation occasioning
grievous bodily harmA person is guilty of the offence of aggravated dangerous navigation occasioning grievous bodily harm if the person commits the offence of dangerous navigation occasioning grievous bodily harm in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 11 years.
Criminal Legislation Amendment Act 1996 No 6
| Schedule 1 | Amendment of Acts |
(5) When vessel is involved in impact—generally For the purposes of this section, the circumstances in which a vessel is involved in an impact occasioning the death of, or grievous bodily harm to, a person include if the death or harm is occasioned through any of the following:
(a)
the vessel overturning or running aground while the person is being conveyed in or on the vessel (whether as a passenger or otherwise),
(b)
an impact between any object and the vessel while the person is being conveyed in or on that vessel (whether as a passenger or otherwise),
(c) an impact between the person and the vessel, (d)
the impact of the vessel with another vessel or an object in, on or near which the person is at the time of the impact,
(e)
an impact with anything on, or attached to, the vessel,
(f') an impact with anything that was in motion
through falling from the vessel.(6) When vessel is involved in causing other impacts For the purposes of this section, a vessel is also involved in an impact occasioning the death of, or grievous bodily harm to, a person if the death or harm is occasioned through the vessel causing an impact between other vessels or between another vessel and any object or person or causing another vessel to overturn or run aground.
(7) Circumstances of aggravation In this section, circumstances of aggravation means any circumstances at the time of the impact occasioning death or grievous bodily harm in which:
(a)
the prescribed concentration of alcohol was present in the accused's blood, or
Criminal Legislation Amendment Act 1996 No 6
Amendment of Acts Schedule 1
(b)
the accused was navigating the vessel at a speed that exceeds the speed limit (if any) applicable to the person navigating the vessel, or to the navigable waters, on which the vessel was navigated at the time of the impact, or
(c)
the accused was navigating the vessel in an attempt to escape pursuit by a police officer.
(8) Defences It is a defence to any charge under this section if the death or grievous bodily harm occasioned by the impact was not in any way attributable (as relevant):
(a)
to the fact that the person charged was under the influence of intoxicating liquor or of a drug, or
(b) to the speed at which the vessel was navigated, or (c) to the manner in which the vessel was navigated. (9) Definitions In this section: drug has the meaning it has in section 2 (1) of the Traffic
Act 1909.object includes a pier, wharf, jetty, pontoon, buoy, breakwater, bridge, support, mooring post or platform, navigation aid, retaining wall, marina, boatshed, slipway or swimming enclosure.
prescribed concentration of alcohol means a concentration of 0.15 grams or more of alcohol in
100 millilitres of blood.vessel means a vessel within the meaning of the Marine
(Boating Safety—Alcohol and Drugs) Act 1991.
Criminal Legislation Amendment Act 1996 No 6
| Schedule 1 | Amendment of Acts |
52BA Dangerous navigation: procedural matters
(1) Presumption as to intoxication For the purposes of section 52B, the accused is conclusively presumed to be under the influence of liquor if the prosecution proves that the prescribed concentration of alcohol was present in the accused’s blood at the time of the impact occasioning death or grievous bodily harm.
(2) Evidence of intoxication For the purposes of section 52B, evidence may be given of the concentration of alcohol present in the accused’s blood at the time of the impact occasioning death or grievous bodily harm as determined by a blood analysis carried out in accordance with Part 3 of the Marine
(Boating Safety-Alcohol and Drugs) Act 1991. (3) Time of intoxication A concentration of alcohol determined by the means referred to in subsection (2) is taken to be the concentration of alcohol in the accused’s blood at the time of the impact occasioning death or grievous bodily harm:
(a)
if the blood sample that was analysed was taken within 2 hours after the impact, and
(b)
unless the accused proves that the concentration of alcohol in the accused’s blood at that time was less than the prescribed concentration of alcohol.
(4) Alternative verdicts If on the trial of a person who is indicted for murder or manslaughter or for an offence under section 54 the jury is satisfied that the person is guilty of an offence under section 52B, it may find the accused guilty of the offence under section 52B, and the accused is liable to punishment accordingly.
Criminal Legislation Amendment Act 1996 No 6
Amendment of Acts Schedule 1
(5) Question of aggravation If on the trial of a person for an offence under section 52B (2) or (4) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 52B (1) or (3), it may find that the accused is guilty of the offence under section 52B (1) or (3), and the accused is liable to punishment accordingly. (6) Double jeopardy This section does not take away the liability of any person to be prosecuted for or found guilty of murder, manslaughter or any other offence or affect the punishment that may be imposed for any such offence. However, a person who:
(a) has been convicted or acquitted of an offence under section 52B cannot be prosecuted for murder or manslaughter or for any other offence under this Act on the same, or substantially the same, facts, or (b) has been convicted or acquitted of murder or manslaughter or of any other offence under this Act cannot be prosecuted for an offence under section 52B on the same, or substantially the same, facts. (7) Definition In this section: prescribed concentration of alcohol means a concentration of 0.15 grams or more of alcohol in 100
millilitres of blood.
[7] Section 60 Assault by husband on wife
Omit the section.
Criminal Legislation Amendment Act 1996 No 6
| Schedule 1 | Amendment of Acts |
Section 302A
Insert after section 302:
302A Making or possession of implements for making false
instruments
A person who makes, or who has in his or her custody or under his or her control, a machine or implement, or paper or other material, that is, and that the person knows to be, specially designed or adapted for the making of a false instrument, with the intention that he or she or another person will use it to induce another person:
(a) to accept the instrument as genuine, and (b)
because of that acceptance, to do or not do some act to that other person’s or to another person’s prejudice,
is liable to penal servitude for 10 years.
Section 358C
Insert after section 358B:
Offence relating to escaped prisoners
358C Harbouring escapee from another State or Territory
Any person who, in this State, knowingly harbours,
maintains or employs a prisoner who has escaped from lawful custody in another State or a Territory is liable to penal servitude for 3 years.
Criminal Legislation Amendment Act 1996 No 6
Amendment of Acts Schedule 1 [10] Part 11A
Insert after Part 11:
Part 11A Intoxication
428A Definitions
In this Part:
drug includes a drug within the meaning of the Drug Misuse and Trafficking Act 1985 and a poison, restricted substance or drug of addiction within the meaning of the Poisons Act 1966.
intoxication means intoxication because of the influence
of alcohol, a drug or any other substance.
offence includes an attempt to commit the offence.
offence of specific intent is defined in section 428B.
relevant conduct means an act or omission necessary to
constitute the actus reus of an offence.
self-induced intoxication means any intoxication except
intoxication that:
(a) is involuntary, or (b)
results from fraud, sudden or extraordinary emergency, accident, reasonable mistake, duress or force, or
(c)
results from the administration of a drug for which a prescription is required in accordance with the prescription of a medical practitioner or dentist, or of a drug for which no prescription is required administered for the purpose, and in accordance with the dosage level recommended, in the manufacturer’s instructions.
Criminal Legislation Amendment Act 1996 No 6
| Schedule 1 | Amendment of Acts |
428B Offences of specific intent to which Part applies
(1) An offence of specific intent is an offence of which an
intention to cause a specific result is an element.(2)
Without limiting the generality of subsection ( the offences referred to in the Table to this section are examples of offences of specific intent.
Table
(a) an offence under the following provisions of this Act:
19A Murder 27
Acts done to the person with intent to murder
28 Acts done to property with intent to murder 29 Certain other attempts to murder 30 Attempts to murder by other means 33
Wounding etc, with intent to do bodily harm or resist arrest
33 A Discharging loaded arms with intent 33B Use of weapon to resist arrest etc 36 Causing a grievous bodily disease 37 Attempts to choke etc (garrotting) 38 Using chloroform etc to commit an offence 41
Administering poison etc with intent to injure or annoy
41 A Poisoning etc of water supply 47
Using etc explosive substance or corrosive fluid etc
48 Placing gunpowder near a building etc 49 Setting trap etc 55
Possessing etc gunpowder etc with intent to injure the person
61 K Assault with intent to have sexual intercourse
Criminal Legislation Amendment Act 1996 No 6
Amendment of Acts Schedule 1 Table—continued
82 Administering drugs etc to herself by woman with child
83 Administering drugs etc to woman with intent
86 Abduction of woman against her will
87 The like against the will of parent etc
89 Forcible abduction of a woman
90A Kidnapping 99 Demanding money with intent to steal 100A Blackmail by threat to publish etc 101 Threatening letters 102
Accusing or threatening to accuse of crime to extort money etc
103
Causing a person by violence or threats to execute deeds etc
110
Breaking, entering and assaulting with intent to murder etc
111 Entering dwelling-house 113
Breaking etc into any house etc with intent to commit felony
114 (a) (c) (d) Being armed etc with intent to commit
offence145 Miners removing ore with intent to defraud 147 Fraud on partners in mines etc 158
Destruction, falsification of accounts etc by clerk or servant
172 Trustees fraudulently disposing of property 174 Directors etc omitting certain entries 175
Director etc wilfully destroying etc books of company etc
176
Director or officer publishing fraudulent statements
178BB Obtaining money etc by false or misleading
statements179 False pretences etc
Criminal Legislation Amendment Act 1996 No 6
| Schedule 1 | Amendment of Acts |
Table—continued
180 Causing payment etc by false pretences etc
181 False pretence of title
184 Fraudulent personation
185 Inducing persons by fraud to execute instruments
190 Receiving etc cattle feloniously killed, or carcass etc
196 Maliciously destroying or damaging property with intent to injure a person
198 Maliciously destroying or damaging property with the intention of endangering life
199 Threatening to destroy or damage property
200 Possession, custody or control of an article with intent to destroy or damage property
202 (c) Interfering or damaging etc bed or bank of
river with intent of obstructing etc navigation205
Prejudicing the safe operation of an aircraft or vessel
210 (b) Acting with intention of destroying etc aids
to navigation211 Criminal acts relating to railways 249C Misleading documents or statements used or
made by agents249D Corrupt inducements for advice 298 Demanding property on forged instruments 300 Making or using false instruments 301 Making or using copies of false instruments 302 Custody of false instruments etc 302A Making or possession of implements for
making false instruments309 (2) Unlawful access to data in computer 314 False accusations etc 315 Hindering investigation etc 317 Tampering etc with evidence
Criminal Legislation Amendment Act 1996 No 6
Amendment of Acts Schedule 1 Table—continued
318 Making or using false official instrument to pervert the course of justice
319 General offence of perverting the course of justice
321 (1) Corruption of witnesses and jurors 322
Threatening or intimidating judges, witnesses, jurors etc
323 Influencing witnesses and jurors 328
Perjury with intent to procure conviction or acquittal
333 (2) Subornation of perjury (b)
an offence under the following provisions of this Act to the extent that an element of the offence requires a person to intend to cause the specific result necessary for the offence:
57 (assault on persons preserving wreck) 58
(assault with intent to commit felony on certain officers)
66B (assaulting with intent to have sexual
intercourse with child under 10)66D (assaulting with intent to have sexual
intercourse with child between 10 and 16)78I (assault with intent to have homosexual
intercourse with male under 10)78L (assault with intent to have homosexual
intercourse with male between 10 and 18)78O (assault with intent to have homosexual
intercourse with pupil etc)91 (taking child with intent to steal) 94 (assault with intent to rob person) 95
(assault with intent to rob in circumstances of aggravation)
96 (assault with intent to rob with wounding) 97 (assault with intent to rob with arms) 98 (assault with intent to rob) 109
(entering with intent, or stealing etc in dwelling-house and breaking out)
Criminal Legislation Amendment Act 1996 No 6
| Schedule 1 | Amendment of Acts |
Table—continued
126 (killing with intent to steal)
139 (destroys, damages, breaks with intent to steal)
140 (destroys, damages, breaks with intent to steal)
144 (severs with intent to steal)
146 (concealing royalty with intent to defraud)
197 (dishonestly destroying or damaging property with a view to gain)
204 (destruction of, or damage to, an aircraft or vessel with intent)
(c)
any other offence by or under any law (including the common law) prescribed by the regulations.
428C Intoxication in relation to offences of specific intent
Evidence that a person was intoxicated (whether by reason of self-induced intoxication or otherwise) at the time of the relevant conduct may be taken into account
in determining whether the person had the intention to
cause the specific result necessary for an offence ofspecific intent.
the person: However, such evidence cannot be taken into account if
(a) had resolved before becoming intoxicated to do the relevant conduct, or (b) became intoxicated in order to strengthen his or her resolve to do the relevant conduct.
428D Intoxication in relation to other offences
In determining whether a person had the mens rea for an offence other than an offence of specific intent, evidence that a person was intoxicated at the time of the relevant conduct:
(a) if the intoxication was self-induced—cannot be taken into account, or (b)
if the intoxication was not self-induced-may be taken into account.
Criminal Legislation Amendment Act 1996 No 6
Amendment of Acts Schedule 1 428E Intoxication in relation to murder and manslaughter
If evidence of intoxication at the time of the relevant conduct results in a person being acquitted of murder:
(a) in the case of intoxication that was self-induced- evidence of that intoxication cannot be taken into account in determining whether the person had the requisite mens rea for manslaughter, or
(b)
in the case of intoxication that was not self-induced—evidence of that intoxication may be taken into account in determining whether the person had the requisite mens rea for manslaughter.
428F Intoxication in relation to the reasonable person test
If, for the purposes of determining whether a person is guilty of an offence, it is necessary to compare the state of mind of the person with that of a reasonable person, the comparison is to be made between the conduct or state of mind of the person and that of a reasonable person who is not intoxicated.
428G Intoxication and the actus reus of an offence
(1)
In determining whether a person has committed an offence, evidence that the intoxication was self-induced cannot be taken into account in determining whether the relevant conduct was voluntary.
(2)
However, a person is not criminally responsible for an offence if the relevant conduct resulted from intoxication that was not self-induced.
Criminal Legislation Amendment Act 1996 No 6
| Schedule 1 | Amendment of Acts |
428H Abolition of common law relating to self-induced
intoxication
The common law relating to the effect of intoxication on criminal liability is abolished.
428I Application of Part
This Part applies to any offence (whether under this Act or otherwise) committed after the commencement of this Part.
Section 545B Intimidation or annoyance by violence or otherwise
Omit section 543B (1) (iv).
| Omit the definition of Watches or besets. | ||
| Section 545B (2) | ||
| [13] | Section 573 Provision for wife where husband convicted of aggravated assault | |
| Omit the section. | ||
| [14] | Second Schedule Application of certain Parts and sections of Act | |
| Omit “Section 3A to 10”. Insert instead “Section 3A, 4 to 10”. | ||
| Criminal Legislation Amendment Act 1996 No 6 | ||
| ||
|
Section 14A
Omit the section. Insert instead:
14A Crown appeals—absence of respondent
An appeal under section 5C, 5D or 5DA may be dealt with, and the court may pass any sentence under this Act, in the absence of the respondent if the court is satisfied:
(a) that:
(i)
the respondent has been given notice of the date on which the appeal is to be heard, or
(ii)
although the notice of appeal was served on the respondent, the respondent has not been given notice of the date on which the appeal is to be heard because the respondent’s whereabouts are unknown, and
(b)
that it would not be unjust to deal with the appeal, and pass sentence, in the absence of the respondent.
1.4 Criminal Procedure Act 1986 No 209 [1] Section 33K Maximum penalties for Table 2 offences Insert at the end of section 33K (2):
(f)
for an offence under section 562AB of the Crimes Act 1900— imprisonment for 2 years, or a fine of 50 penalty units, or both.
Criminal Legislation Amendment Act 1996 No 6
| Schedule 1 | Amendment of Acts |
Section 33L Jurisdiction of Local Court
Insert at the end of section 33L:
(2) Despite subsection (l), the jurisdiction of a Local Court under section 33F or 33H may also be exercised by an authorised justice. (3) In this section:
authorised justice means:
(a) a justice of the peace who is a Clerk of a Local Court, or (b) a justice of the peace who is employed in the Local Courts Administration of the Attorney General’s Department and who is declared (whether by name or by reference to the holder of a particular office), by the Attorney General by instrument in writing or by order published in the Gazette to be an authorised justice for the purposes of this section.
[3] Part 9A, Table 1 Indictable offences that are to be dealt with summarily unless prosecuting authority or person charged elects otherwise
Omit “section 125” from clause 3 (c) of Part 2.
Insert instead “section 3B, 125”.[4] Part 9A, Table 1, Part 2
Omit “1 14” from clause 9. Insert instead “114 (1) (a), (c) and (d)”.
[5] Part 9A, fable 1, Part 3
Omit “or 302” from clause 13. Insert instead “, 302 or 302A”.
Criminal Legislation Amendment Act 1996 No 6
Amendment of Acts Schedule 1 Part 9A, Table 1, Part 3
Insert at the end of clause 16:
(2) An offence under section 358C of the Crimes Act 1900.
Part 9A, Table 2 Indictable offences that are to be dealt with summarily unless prosecuting authority elects otherwise
Insert “or the damage,” after “property” in clause 3 of Part 2.
Part 9A, Table 2, Part 2
Omit “section 125” from clause 3 (c). Insert instead “section 3B,125”
Insert after clause 3: Part 9A, Table 2, Part 2 3A Possession of implement of housebreaking An offence under section 114 (1) (b) of the Crimes Act
1900.
1.5 Justices Act 1902 No 27 [1]
Section 131AB Appeal by Crown to District Court against sentence
Insert after section 131AB (5):
(6) This section does not apply to an appeal referred to in
section 131ACA.
Criminal Legislation Amendment Act 1996 No 6
| Schedule 1 | Amendment of Acts |
Section 131AC Procedure
Insert “except as provided by section 131ACA” after “must” in section 131AC.
Section 131ACA
Insert after section 131AC:
131ACA Appeal by Crown against reduced sentence for
assistance to authorities
(1)
The Director of Public Prosecutions may appeal to the District Court against any sentence imposed on a person that was reduced because the person undertook to assist law enforcement authorities if the person fails wholly or partly to fulfil the undertaking.
(2)
On such an appeal the District Court may, if satisfied that the person has failed wholly or partly to fulfil the undertaking, vary the sentence and impose such sentence as it thinks fit.
(3)
An appeal under this section may be lodged within such period after the date the Justice or Justices imposed the sentence as the District Court may allow.
| 1.6 | Listening Devices Act 1984 No 69 |
| [1] | Section 14 Admissibility of evidence of private conversation when obtained inadvertently pursuant to warrant |
| Omit “complaint” from section 14 (2) (b). Insert instead “application”. |
Criminal Legislation Amendment Act 1996 No 6
Amendment of Acts Schedule 1 [2] Section 15 Definitions
Omit the definition of prescribed offence. Insert instead:
prescribed offence means an offence (including an
offence under a law of the Commonwealth or of another
State or Territory) that:
(a) is punishable on indictment, or (b) is of a class or description prescribed for the purposes of this Part (whether or not it is punishable on indictment).
[3] Section 16 Warrants authorising use of listening devices
Omit “complaint” from section 16 (1).
Insert instead “application”.[4] Section 17 Particulars of warrant sought under section 16 to be notified to Attorney General
Omit “subsection (1)” from section 17 (2) (a).
Insert instead “this section”.[5] Section 17 (3)
Insert after section 17 (2):
(3) A notice required by this section to be served on a person
may be served:
(a) by delivering it personally to the person, or (b)
by sending it by facsimile transmission to a number specified by the person (in correspondence or otherwise) as a number to which facsimile transmissions to that person may be sent.
Criminal Legislation Amendment Act 1996 No 6
| Schedule 1 | Amendment of Acts |
Section 18 Radio/telephone warrants
Omit “complaint” from section 18 (2). Insert instead “application”.
Section 18 (4)
Omit “A complaint”. Insert instead “The application”.
Section 18
Omit “the complaint” wherever occurring.
Insert instead “the application”.
Section 18 (5)
Omit “a complaint”. Insert instead “an application”.
Section 18 (7)
Omit “the complainant” wherever occurring.
Insert instead “the applicant”.
| Section 20A |
| Insert after section 20: |
| 20A Use of assumed names or code-names in warrants |
(1)
The Court may grant a warrant under this Part that refers to a person by an assumed name or code-name if the Court is satisfied that it is necessary to do so to protect the safety of the person.
(2)
A person may be referred to by an assumed name or code-name in a notice under section 17 or report under section 5 (4) or 19 if the person who furnishes the notice or report believes on reasonable grounds that use of the assumed name is necessary to protect the safety of the person referred to.
Criminal Legislation Amendment Act 1996 No 6
Amendment of Acts Schedule 1
(3) The only persons who may be referred to by assumed names or code-names are persons who are referred to as participants or potential participants in a conversation to which the warrant, notice or report relates.
[12] Section 21 Proceedings under this Part
Omit “complaints” from section 21 (2) (a).
Insert instead “applications”.[13] Schedule 1 Savings and transitional provisions
Insert after clause 4:
5 Change in nomenclature
A warrant issued under section 16 or 18 before the commencement of Schedule 1.6 [3] or [6] to the
Criminal Legislation Amendment Act 1996 is taken to be
a warrant issued under those sections as amended by that
Act.
1.7 Summary Offences Act 1988 No 25 [1] Section 6A Insert after section 6: 6A Unauthorised entry of vehicle or boat A person must not, without reasonable excuse (proof of which lies on the person), enter any vehicle or boat in a public place without the consent of the owner or lawful occupier of the vehicle or boat.
Maximum penalty: 4 penalty units.
Criminal Legislation Amendment Act 1996 No 6
| Schedule 1 | Amendment of Acts |
Section 10 Custody of offensive implement
| Omit “10 penalty units or imprisonment for 6 months” from section 10 (l). Insert instead “20 penalty units or imprisonment for 12 months”. | |
| 1.8 | Supreme Court Act 1970 No 52 |
Section 69A and 69B
Insert after section 69:
69A Release on bail and custody of claimants seeking
judicial review of conviction or sentence
(1)
This section and section 69B apply to proceedings in the Court by a convicted person (the claimant) seeking judicial review in relation to a conviction or sentence for an offence.
(2)
A claimant who is not released on bail must, pending the determination of the proceedings, be treated in such manner as may be directed by regulations made under the Prisons Act 1952 (which is referred to in this section as special treatment).
(3)
The time during which a claimant is at liberty on bail (pending the determination of the proceedings for review) does not count as part of any term of imprisonment or penal servitude under the claimant’s sentence.
(4)
The time during which an appellant receives special treatment counts as part of any term of imprisonment or penal servitude under the claimant’s sentence. However, if the Court is satisfied that the claim was unarguable or frivolous, the Court may order that the time in custody with special treatment does not count.
(5)
In determining proceedings for judicial review, the Court may order that the imprisonment under the original sentence of imprisonment or penal servitude is to commence or recommence on a day specified by the court.
Criminal Legislation Amendment Act 1996 No 6
Amendment of Acts Schedule 1
(6) Provision is to be made in regulations made under the Prisons Act 1952 for:
(a)
the manner in which a claimant, when in custody, is to be brought to any place where the claimant is entitled to be present, or ordered to be taken, for the purposes of this Act, and
(b)
the manner in which the appellant is to be kept in custody whilst absent from prison for the purpose.
(7) A claimant while in custody in accordance with those
regulations is taken to be in legal custody.
69B Other powers in relations to claimants for judicial review
of convictions and sentences
(1)
In determining proceedings for judicial review in relation to a conviction or sentence for an offence, the Court may make an order quashing either the conviction of, or the sentence imposed on, the claimant, or quash both the conviction and the sentence.
(2)
This section applies to judicial review of orders made by a Local Court or the District Court despite anything contained in the Justices Act 1902.
[Minister’s second reading speech made in—
Legislative Assembly on 6 December 1995
Legislative Council on 17 April 1996]
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