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This is a Bill, not an Act. For current law, see the Acts databases.
Courts and Crimes Legislation
Amendment Bill 2011
No , 2011
A Bill for
An Act to make miscellaneous amendments to legislation relating to crimes and court
proceedings, the Director of Public Prosecutions and fine enforcement.
Clause 1 Courts and Crimes Legislation Amendment Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Courts and Crimes Legislation Amendment Act 2011. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
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Courts and Crimes Legislation Amendment Bill 2011
Amendment of legislation Schedule 1
Schedule 1 Amendment of legislation 1
1.1 Criminal Procedure Act 1986 No 209 2
[1] Section 267 Maximum penalties for Table 1 offences 3
Insert ", subject to this section," after "offence is" in section 267 (3). 4
[2] Section 267 (4) 5
Omit the subsection. 6
[3] Section 267 (4A) 7
Omit "12 months". Insert instead "2 years". 8
[4] Section 268 Maximum penalties for Table 2 offences 9
Omit section 268 (2). Insert instead: 10
(2) The maximum fine that the Local Court may impose for the 11
following offences is: 12
(a) for an offence under section 35A (2), 49A, 56, 58, 59, 59A, 13
60 (1), 60A (1), 60B, 60C, 60E (1) and (4), 61, 61L, 61N 14
or 61O (1) or (1A) of the Crimes Act 1900--50 penalty 15
units, 16
(b) for an offence listed in Part 2 or 3 of Table 2 to Schedule 1 17
(other than an offence under section 154A of the Crimes 18
Act 1900): 19
(i) 50 penalty units, or 20
(ii) if the value of any property, amount of money or 21
reward concerned does not exceed $2,000-- 22
20 penalty units, 23
(c) for an offence under section 154A of the Crimes Act 24
1900--50 penalty units, 25
(d) for an offence under section 93G, 93H or 93I of the Crimes 26
Act 1900--50 penalty units, 27
(e) for an offence under section 7, 7A, 36, 43, 44A, 50, 50AA, 28
50A (1), 51 (1) or (2), 51A, 51BA, 51D (1), 51E, 58 (2), 29
62, 63, 64, 66, 70, 71A, 72 (1) or 74 of the Firearms Act 30
1996--50 penalty units, 31
(f) for an offence under section 7, 20, 23 (1), 23A (1), 25A (1), 32
31 or 34 of the Weapons Prohibition Act 1998-- 33
100 penalty units, 34
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Courts and Crimes Legislation Amendment Bill 2011
Schedule 1 Amendment of legislation
(g) for an offence under section 13 of the Crimes (Domestic 1
and Personal Violence) Act 2007 or section 545AB or 2
562AB of the Crimes Act 1900--50 penalty units, 3
(h) for an offence under section 100 (1) of the Rural Fires Act 4
1997--100 penalty units, 5
(i) for an offence under section 578C (2A) of the Crimes Act 6
1900--in the case of an individual, 100 penalty units or, in 7
the case of a corporation, 200 penalty units, 8
(j) for an offence under section 10 or 20 of the Liens on Crops 9
and Wool and Stock Mortgages Act 1898--50 penalty 10
units, 11
(k) for an offence under Part 2 or 5 (other than section 40 (2)) 12
of the Surveillance Devices Act 2007--in the case of an 13
individual, 100 penalty units or, in the case of a 14
corporation, 200 penalty units, 15
(l) for an offence under section 17 or 18 of the Child 16
Protection (Offenders Registration) Act 2000-- 17
100 penalty units, 18
(m) for an offence under section 65 of the Electricity Supply 19
Act 1995--100 penalty units, 20
(n) for an offence under section 66 of the Gas Supply Act 21
1996--100 penalty units. 22
(2AA) A fine may be imposed as referred to in subsection (2) for an 23
offence in addition to or instead of any term of imprisonment that 24
may be imposed by law for the offence. 25
[5] Section 289A Definitions 26
Omit the definition of authorised analyst. 27
[6] Section 289A 28
Insert in alphabetical order: 29
authorised classifier means any person, or person of a class, 30
prescribed by the regulations for the purposes of this definition. 31
seized material, in relation to proceedings for a child abuse 32
material offence, means material: 33
(a) that came into the possession of a police officer in the 34
course of the exercise of functions as a police officer, and 35
(b) some of which is alleged child abuse material that is the 36
subject of the proceedings. 37
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Courts and Crimes Legislation Amendment Bill 2011
Amendment of legislation Schedule 1
[7] Section 289B Use of random sample evidence in child abuse material 1
cases 2
Omit section 289B (1). Insert instead: 3
(1) An authorised classifier may, in connection with any proceedings 4
for a child abuse material offence, conduct an examination of a 5
random sample of seized material. 6
[8] Section 289B (2), (3), (5) and (8) 7
Omit "authorised analyst" wherever occurring. 8
Insert instead "authorised classifier". 9
[9] Section 289B (4) 10
Omit the subsection. Insert instead: 11
(4) A certificate of an authorised classifier, that certifies any of the 12
following matters, is admissible in proceedings for a child abuse 13
material offence as evidence of the matters certified: 14
(a) that the authorised classifier conducted an examination of 15
a random sample of seized material, 16
(b) the findings of the authorised classifier as to the nature and 17
content of the random sample. 18
[10] Section 289B (6) 19
Omit "child abuse material or alleged child abuse material the subject of the 20
proceedings concerned". 21
Insert instead "seized material". 22
[11] Section 299B Determining if there is a protected confidence 23
Insert after section 299B (4): 24
(5) This section has effect despite sections 297 and 298. 25
[12] Section 305A Subpoenas for production of counselling communications 26
Insert "requiring the production of a document recording a counselling 27
communication (within the meaning of section 296)" after "service of 28
subpoenas". 29
[13] Section 305A 30
Omit "involving a prescribed sexual offence". 31
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Courts and Crimes Legislation Amendment Bill 2011
Schedule 1 Amendment of legislation
[14] Schedule 1 Indictable offences triable summarily 1
Insert after clause 18 in Table 1: 2
18AA Conveyancers Licensing Act 2003 3
An offence under section 152 of the Conveyancers Licensing 4
Act 2003 where the amount of money in respect of which the 5
offence is charged exceeds $5,000 or an offence under 6
section 153 of that Act where the account in respect of which the 7
offence is charged relates to an amount that exceeds $5,000. 8
[15] Schedule 1, Table 1 9
Insert after clause 23A: 10
23AAA Property, Stock and Business Agents Act 2002 11
An offence under section 211 of the Property, Stock and Business 12
Agents Act 2002 where the amount of money in respect of which 13
the offence is charged exceeds $5,000 or an offence under 14
section 212 of that Act where the account in respect of which the 15
offence is charged relates to an amount that exceeds $5,000. 16
[16] Schedule 1, Table 2 17
Insert after clause 10C: 18
10D Conveyancers Licensing Act 2003 19
An offence under section 152 of the Conveyancers Licensing 20
Act 2003 where the amount of money in respect of which the 21
offence is charged does not exceed $5,000 or an offence under 22
section 153 of that Act where the account in respect of which the 23
offence is charged relates to an amount that does not 24
exceed $5,000. 25
10E Property, Stock and Business Agents Act 2002 26
An offence under section 211 of the Property, Stock and Business 27
Agents Act 2002 where the amount of money in respect of which 28
the offence is charged does not exceed $5,000 or an offence 29
under section 212 of that Act where the account in respect of 30
which the offence is charged relates to an amount that does not 31
exceed $5,000. 32
[17] Schedule 2 Savings, transitional and other provisions 33
Insert at the end of clause 1 (1): 34
Courts and Crimes Legislation Amendment Act 2011 35
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Courts and Crimes Legislation Amendment Bill 2011
Amendment of legislation Schedule 1
[18] Schedule 2 1
Insert at the end of the Schedule with appropriate Part and clause numbers: 2
Part Provisions consequent on enactment of 3
Schedule 1.1 to Courts and Crimes 4
Legislation Amendment Act 2011 5
Changes in respect of Schedule 1 offences 6
(1) An amendment made to section 267 or 268 by the Courts and 7
Crimes Legislation Amendment Act 2011 applies only in respect 8
of an offence that is committed, or alleged to have been 9
committed, on or after the commencement of the amendment. 10
(2) An amendment made to Schedule 1 by the Courts and Crimes 11
Legislation Amendment Act 2011 extends to an offence that was 12
committed, or alleged to have been committed, before the 13
commencement of the amendment unless the accused person has 14
been committed for trial or sentence before that commencement. 15
Use of random sample evidence 16
(1) The amendments made to Part 4A of Chapter 6 by the Courts and 17
Crimes Legislation Amendment Act 2011 extend to proceedings 18
instituted or partly heard before the commencement of the 19
amendments, which were not finally disposed of before that 20
commencement. 21
(2) Accordingly, that Part as so amended extends to offences under 22
Division 15A of Part 3 of the Crimes Act 1900 alleged to have 23
been committed before the commencement of the amendments to 24
Part 4A of Chapter 6. 25
1.2 Criminal Procedure Regulation 2010 26
Clause 27A 27
Insert after clause 27: 28
27A Authorised classifiers 29
For the purposes of the definition of authorised classifier in 30
section 289A of the Act, members of the NSW Police Force who 31
have undertaken training in the classification of child abuse 32
material that is conducted or arranged by the NSW Police Force 33
are prescribed as authorised classifiers. 34
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Courts and Crimes Legislation Amendment Bill 2011
Schedule 1 Amendment of legislation
1.3 Director of Public Prosecutions Act 1986 No 207 1
[1] Section 36 Savings and transitional provisions 2
Insert after section 36 (8): 3
(9) The amendments made to this Act by the Courts and Crimes 4
Legislation Amendment Act 2011: 5
(a) extend to the person holding the office of Director 6
immediately before the day on which the Bill for the 7
Courts and Crimes Legislation Amendment Act 2011 was 8
first introduced into Parliament, and 9
(b) do not apply to or in respect of any person who ceased to 10
hold office as Director before that day. 11
[2] Section 37 Regulations 12
Insert at the end of section 37 (3): 13
Courts and Crimes Legislation Amendment Act 2011 14
[3] Schedule 1 Provisions relating to Senior Officers 15
Omit clause 10 (1) (a) and (b). Insert instead: 16
(a) section 3 of that Act applies to a person who vacated the 17
office of Director under clause 4 (1) (c) after serving as 18
Director for not less than 5 years, and 19
(b) section 4 of that Act applies to a person who ceased to hold 20
office as Director after having attained the age of 60 years 21
and serving as Director for not less than 10 years as if a 22
reference to having attained the age of 72 years and retired 23
were a reference to having vacated office under 24
clause 4 (1) (c), and 25
(c) section 5 of that Act applies to a person who held office as 26
Director as if a reference in section 5 (2) to having attained 27
the age of 72 years and then retired were a reference to 28
having vacated office under clause 4 (1) (c) (regardless of 29
whether the person's term of office would have expired 30
before the person could have attained the age of 72 years), 31
and 32
(d) section 6 of that Act applies to a person who died while 33
holding office as Director as if a reference in section 6 (5) 34
to having attained the age of 72 years and then retired and 35
died were a reference to having vacated office under 36
clause 4 (1) (c) and died (regardless of whether the 37
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Courts and Crimes Legislation Amendment Bill 2011
Amendment of legislation Schedule 1
person's term of office would have expired before the 1
person could have attained the age of 72 years). 2
[4] Schedule 1, clause 10 (6), definition of "superannuation scheme" 3
Insert in alphabetical order: 4
superannuation scheme has the same meaning as STC fund or 5
STC scheme has in the Superannuation Administration Act 1996. 6
1.4 Fines Act 1996 No 99 7
Section 13 Referral for a court fine enforcement order 8
Insert after section 13 (2): 9
(3) Subsection (1) (a) does not apply to a court that uses an 10
automated electronic system for the referral of unpaid court 11
imposed fines to the State Debt Recovery Office. 12
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