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This is a Bill, not an Act. For current law, see the Acts databases.


CRIMES AMENDMENT (ROCK THROWING) BILL 2008





Crimes Amendment (Rock Throwing)
Bill 2008
No     , 2008


A Bill for

An Act to amend the Crimes Act 1900 with respect to the throwing of rocks and other
objects at vehicles and vessels; and to make consequential amendments to the
Criminal Procedure Act 1986.

 


 

Clause 1 Crimes Amendment (Rock Throwing) Bill 2008 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Crimes Amendment (Rock Throwing) Act 2008. 3 2 Commencement 4 This Act commences on a day to be appointed by proclamation. 5 3 Amendment of Crimes Act 1900 No 40 6 The Crimes Act 1900 is amended as set out in Schedule 1. 7 4 Consequential amendments to Criminal Procedure Act 1986 No 209 8 The Criminal Procedure Act 1986 is amended as set out in Schedule 2. 9 5 Repeal of Act 10 (1) This Act is repealed on the day following the day on which this Act 11 commences. 12 (2) The repeal of this Act does not, because of the operation of section 30 13 of the Interpretation Act 1987, affect any amendment made by this Act. 14 Page 2

 


 

Crimes Amendment (Rock Throwing) Bill 2008 Amendment of Crimes Act 1900 Schedule 1 Schedule 1 Amendment of Crimes Act 1900 1 (Section 3) 2 Section 49A 3 Insert after section 49: 4 49A Throwing rocks and other objects at vehicles and vessels 5 (1) A person is guilty of an offence if: 6 (a) the person intentionally throws an object at, or drops an 7 object on or towards, a vehicle or vessel that is on any road, 8 railway or navigable waters, and 9 (b) there is a person in the vehicle or vessel, and 10 (c) the conduct risks the safety of any person. 11 Maximum penalty: Imprisonment for 5 years. 12 (2) This section extends to a vehicle or vessel that is stationary at the 13 time that the object is thrown or dropped. 14 (3) In the prosecution of an offence under this section, it is not 15 necessary to prove: 16 (a) that the accused was aware that his or her conduct risked 17 the safety of any person, or 18 (b) that the object made contact with the vehicle or vessel. 19 (4) In this section: 20 road means a road or road related area within the meaning of the 21 Road Transport (General) Act 2005. 22 throw includes propel. 23 vehicle includes: 24 (a) a motor vehicle, and 25 (b) a train or tram, and 26 (c) a bicycle, and 27 (d) a vehicle drawn by an animal or an animal ridden by a 28 person. 29 Page 3

 


 

Crimes Amendment (Rock Throwing) Bill 2008 Schedule 2 Consequential amendments to Criminal Procedure Act 1986 Schedule 2 Consequential amendments to Criminal 1 Procedure Act 1986 2 (Section 4) 3 [1] Section 268 Maximum penalties for Table 2 offences 4 Insert "49A," after "35A (2)," in section 268 (2) (a). 5 [2] Schedule 1 Indictable offences triable summarily 6 Insert "49A," after "35A (2)," in clause 1 of Table 2. 7 Page 4

 


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