Crimes Amendment Act 2008 (ACT)

Crimes Amendment Act 2008

A2008-6

Contents

Page

Part 1Preliminary

1. Name of Act  2

2. Commencement  2

Part 2Children and Young People Act 1999

1. Legislation amended––pt 2  3

2. Meaning of under restraint

   
   

   New section 77 (4) to (8)  3

3. Enforcement of payment of fines etc

   
   

   Section 102 (4)  5

Part 3Crimes Act 1900

1. Legislation amended––pt 3  5

2. Offences against Act––application of Criminal Code etc

   
   

   Section 7A, note 1, new dot points  5

3. Section 119  6

4. New section 393A  7

5. Noise abatement directions

   
   

   Section 394 (2) and (3)  8

6. Section 394 (5) and (6)  9

7. Offence notices

   
   

   Section 441  9

Part 4Liquor Act 1975

1. Legislation amended––pt 4  10

2. New section 5  10

3. Consumption of liquor in certain public places

   
   

   Section 139 (1) and (2)  10

4. Liquor

   
   

   Section 159 (5)  11

Part 5Magistrates Court Act 1930

1. Legislation amended––pt 5  12

2. Service of infringement notices

   
   

   New section 120 (1A)  12

Crimes Amendment Act 2008

A2008-6

An Act to amend the Crimes Act 1900, and for other purposes

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

Part 1Preliminary

1. Name of Act

   This Act is the Crimes Amendment Act 2008.

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)).

Part 2Children and Young People Act 1999

1. Legislation amended––pt 2

   This part amends the Children and Young People Act 1999.

2. Meaning of under restraint
   New section 77 (4) to (8)

   insert

   (4)Also, for this division, a young person is not under restraint if––

   (a)the young person is 16 years old or older; and

   (b)a police officer suspects on reasonable grounds that the young person has committed 1 of the following offences:

   (i)the Crimes Act 1900, section 120 (Defacing premises––strict liability);

   (ii)the Crimes Act 1900, section 393A (Urinating in public place);

   (iii)the Crimes Act 1900, section 394 (2) (Noise abatement directions);

   (iv)the Liquor Act 1975, section 139 (1) (Consumption of liquor in certain public places); and

   (c)the young person is in the company of the police officer for investigating whether to serve an infringement notice for the offence on the young person.

   Note 1A police officer may serve an infringement notice for an offence on a person if the officer believes on reasonable grounds that the person has committed the offence (see the Magistrates Court Act 1930, s 120).

   Note 2The Magistrates Court (Crimes Infringement Notices) Regulation 2008 provides that an infringement notice under the Magistrates Court Act 1930 may be issued for offences against the Crimes Act 1900, s 120, s 393A and s 394 (2).

   Note 3The Magistrates Court (Liquor Infringement Notices) Regulation 2008 provides that an infringement notice under the Magistrates Court Act 1930 may be issued for an offence against the Liquor Act 1975, s 139 (1).

   (5)Also, for this division, a young person is not under restraint if––

   (a)the young person…