Justice Legislation Amendment Act 2018 (NSW)

An Act to amend various Acts relating to courts and crimes and other related matters.

1Name of Act

This Act is the Justice Legislation Amendment Act 2018.

2Commencement(1)

This Act commences on the date of assent to this Act, except as provided by this section.

(2)

Schedule 1.4 [3] and [4], 1.5 [2]–[9], 1.7, 1.8 and 1.11 [3] and [4] commence on a day or days to be appointed by proclamation.

3Explanatory notes

The matter appearing under the heading “Explanatory note” in Schedule 1 does not form part of this Act.

Schedule 1Amendments

(Repealed)

Crimes Act 1900 No 40[1], [2]

(Repealed)

[3]Section 94 Robbery or stealing from the person

Insert “(a)” before “robs”.

[4]Section 94

Insert “(b)” before “steals”.

Explanatory note

Items [1] and [2] of the proposed amendments expand an existing provision that makes it an offence for a person (the offender) to have sexual intercourse with a person aged between 16 and 18 years (the victim) if the offender is the victim’s school teacher. The offence will now extend to any member of the teaching staff at the school at which the victim is a student, including teachers, the principal or deputy principal and any other person employed at the school who has students at the school under his or her care or authority. The offence continues to apply to other special care relationships, including where the offender has an established personal relationship with the victim in connection with the provision of religious, sporting, musical or other instruction to the victim.

Items [3] and [4] are law revision amendments and are consequential on amendments to the Criminal Procedure Act 1986 in Schedule 1.5 [2], [4] and [8].

Criminal Procedure Act 1986 No 209[1]

(Repealed)

[2]Schedule 1 Indictable offences triable summarily

Omit “section 94” from clause 3 (b) in Table 1. Insert instead “section 94 (b)”.

[3]

(Repealed)

[4]Schedule 1, Table 1, clause 3A

Insert after clause 3:

3ARobbery

An offence under section 94 (a) of the Crimes Act 1900.

[5]

(Repealed)

[6]Schedule 1, Table 1, clause 29A

Insert after clause 29:

29ASupply prohibited drug involving more than indictable quantity but less than commercial quantity

An offence under section 25 (1) of the Drug Misuse and Trafficking Act 1985 where the amount of prohibited drug concerned is more than the applicable indictable quantity but less than the applicable commercial quantity.

[7]Schedule 1, Table 1, clause 30

Omit “section 32 (1) (a)–(f)”. Insert instead “section 32 (1) (a), (b), (c1), (d), (e) or (f)”.

[8]Schedule 1, Table 2, clause 3 (b)

Omit “section 94”. Insert instead “section 94 (b)”.

[9], [10]

(Repealed)

Explanatory note

Item [1] of the proposed amendments provides that a Magistrate, rather than the Local Court, is to be responsible for determining whether a court attendance notice is to be signed and issued in the case of a private prosecution for a summary offence, where a registrar…

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