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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Criminal Legislation Amendment
Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Acts 2
Schedules
1 Amendment of Children (Community Service Orders)
Act 1987 3
2 Amendment of Children (Criminal Proceedings) Act 1987 7
3 Amendment of Crimes Act 1900 9
4 Amendment of Crimes (Administration of Sentences)
Act 1999 14
5 Amendment of Crimes (Sentencing Procedure) Act 1999 17
6 Amendment of Criminal Appeal Act 1912 21
7 Amendment of Criminal Procedure Act 1986 24
8 Amendment of Drug Misuse and Trafficking Act 1985 26
9 Amendment of Evidence (Children) Act 1997 27
10 Amendment of Occupational Health and Safety Act 2000 28
Criminal Legislation Amendment Bill 2001
Contents
Page
11 Amendment of Poisons and Therapeutic Goods
Regulation 1994 29
12 Amendment of Summary Offences Act 1988 30
13 Amendment of Young Offenders Act 1997 31
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Criminal Legislation Amendment
Bill 2001
Act No , 2001
An Act to make various amendments to criminal legislation to improve the
administration of the criminal law.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Criminal Legislation Amendment Bill 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Criminal Legislation Amendment Act 2001.
2 Commencement
(1) This Act commences on a day or days to be appointed by
proclamation, except as provided by subsection (2).
(2) The following commence on the date of assent:
(a) Schedule 5 [1][8], [13] and [14],
(b) Schedule 10.
3 Amendment of Acts
The Acts specified in Schedules 113 are amended as set out in those
Schedules.
Page 2
Criminal Legislation Amendment Bill 2001
Amendment of Children (Community Service Orders) Act 1987 Schedule 1
Schedule 1 Amendment of Children (Community
Service Orders) Act 1987
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
relevant maximum period, in relation to a children's
community service order, means the period of 12 months
commencing on the date on which the order was made or, if
that period is extended pursuant to section 20A, that period as
so extended.
required number of hours, in relation to a children's
community service order, means the number of hours of
community service work that the person to whom the order
relates is required by the order to perform.
[2] Section 19 Duration of children's community service orders
Omit section 19 (b). Insert instead:
(b) the expiration of the relevant maximum period, or
[3] Sections 20 and 20A
Omit section 20. Insert instead:
20 Increase in hours of children's community service orders
(1) The Director-General may from time to time direct that a
person's required number of hours under a children's
community service order be increased if the Director-General
is of the opinion:
(a) that the person has failed, without reasonable excuse, to
comply with the order or with any requirements made
by or under this Act in respect of the order, and
(b) that the failure to comply was trivial in nature, or there
are other good reasons why the failure to comply should
be dealt with by increasing the person's required
number of hours.
Page 3
Criminal Legislation Amendment Bill 2001
Schedule 1 Amendment of Children (Community Service Orders) Act 1987
(2) A person's required number of hours, as increased under this
section, must not exceed the required number of hours
specified in the person's children's community service order by
more than 10 hours.
(3) The person may apply for a review of the increase under this
section to the court that made the order and, following the
review, that court may confirm or revoke the direction.
20A Extension of period of children's community service orders
(1) An application for an extension of the relevant maximum
period for a children's community service order may be made
to the Director-General by:
(a) the person in respect of whom the order was made, or
(b) the assigned officer,
on the grounds that it would (having regard to circumstances
that have arisen since the order was made) be in the interests of
justice to extend that period.
(2) Such an application may be made even if the relevant
maximum period has expired.
(3) If satisfied that the applicant has established the grounds on
which the application is made, the Director-General:
(a) may extend the relevant maximum period, and
(b) in that event, must cause notice of the extension to be
sent to the assigned officer.
(4) For the purposes of determining an application for extension of
a children's community service order, the order is taken to be
in force even if the relevant maximum period has expired.
[4] Sections 21 and 21A
Omit section 21. Insert instead:
21 Application for revocation of children's community service order
(1) An application to revoke a children's community service order
may only be made:
Page 4
Criminal Legislation Amendment Bill 2001
Amendment of Children (Community Service Orders) Act 1987 Schedule 1
(a) by the assigned officer on the grounds that the person in
respect of whom the children's community service order
is in force has failed, without reasonable excuse, to
comply with the order, or
(b) by the person in respect of whom the children's
community service order is in force or the assigned
officer on the grounds that it would (having regard to
circumstances that have arisen since the order was
made) be in the interests of justice to revoke the order.
(2) For the purposes of this section:
(a) failure by a person to perform the required number of
hours of community service work under a children's
community service order within the period for which the
order is in force is taken to constitute failure by the
person to comply with the order, and
(b) failure by a person to comply with one order (the
primary failure) is taken to constitute failure by the
person to comply with every other children's
community service order that is in force when the
primary failure occurs.
(3) An application under subsection (1) cannot be made later than
one month after the expiry of the relevant maximum period.
21A Revocation of children's community service order
(1) On receiving an application for revocation of a children's
community service order, the Children's Court may:
(a) in the case of an order made by the Children's Court:
(i) revoke the order, or
(ii) revoke the order and deal with the person in
respect of whom the order was made, for the
offence in respect of which the order was made,
in any manner in which the person could have
been dealt with for that offence by the
Children's Court had the order not been made,
or
Page 5
Criminal Legislation Amendment Bill 2001
Schedule 1 Amendment of Children (Community Service Orders) Act 1987
(b) in the case of an order made by some other court,
subject to the Bail Act 1978, commit the person to
custody until the person can appear or be brought before
that other court, whether or not that other court is
constituted by the same person as that by whom it was
constituted when the order was made.
(2) If, pursuant to subsection (1) (b), a person appears or is
brought before a court that made a children's community
service order in respect of the person, the court may:
(a) revoke the order, or
(b) revoke the order and deal with the person, for the
offence in respect of which the order was made, in any
manner in which the person could have been dealt with
for that offence by the court had the order not been
made.
(3) A person on whom a penalty is imposed as a consequence of
the revocation of a children's community service order under
this section has the same rights of appeal as if the penalty had
been imposed when the person was convicted of the offence to
which the penalty relates.
(4) For the purposes only of determining an application for
revocation of a children's community service order, the order
is taken to be in force even if the relevant maximum period has
expired.
[5] Part 5 Enforcement of children's community service orders
Omit the Part.
[6] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
Criminal Legislation Amendment Act 2001, to the extent that
it amends this Act
Page 6
Criminal Legislation Amendment Bill 2001
Amendment of Children (Criminal Proceedings) Act 1987 Schedule 2
Schedule 2 Amendment of Children (Criminal
Proceedings) Act 1987
(Section 3)
[1] Section 11 Publication and broadcasting of names
Omit section 11 (1). Insert instead:
(1) The name of any of the following persons must not be
published or broadcast in a way that connects the person with
the criminal proceedings concerned:
(a) any person who:
(i) appears as a witness before a court in any
criminal proceedings, or to whom any criminal
proceedings relate, and
(ii) was a child when the offence to which the
proceedings relate was committed,
(b) any person who is mentioned in any criminal
proceedings in relation to something that occurred when
the person was a child,
(c) any person who is otherwise involved in any criminal
proceedings and was a child when the person was so
involved.
(1A) The prohibition in subsection (1) applies to the publication or
broadcast of the name of a person:
(a) whether the publication or broadcast occurs before or
after the proceedings concerned are disposed of, and
(b) even if the person is no longer a child at the time of the
publication or broadcast.
[2] Section 11 (3), (4) (a), (4) (b) (ii), (4) (c), (4B), (4C), (4E) and (5)
Omit "child" wherever occurring. Insert instead "person".
[3] Section 11 (4) (b)
Omit "name of a child". Insert instead "name of a person".
Page 7
Criminal Legislation Amendment Bill 2001
Schedule 2 Amendment of Children (Criminal Proceedings) Act 1987
[4] Section 11 (4) (b) (i)
Omit "child who is". Insert instead "person who is a child".
[5] Section 11 (4C) (b)
Omit "child's name". Insert instead "person's name".
[6] Section 11 (6)
Omit "child" where firstly occurring. Insert instead "person".
Page 8
Criminal Legislation Amendment Bill 2001
Amendment of Crimes Act 1900 Schedule 3
Schedule 3 Amendment of Crimes Act 1900
(Section 3)
[1] Part 3, Division 13A
Omit the heading to the Division as inserted by the Crimes Amendment
(Gang and Vehicle Related Offences) Act 2001 No 84.
Insert instead:
Division 14 Kidnapping
[2] Section 85A Kidnapping
Renumber the section as section 86.
[3] Old Division 14, heading, old sections 8691
Omit the heading to old Division 14 of Part 3 and sections 8691.
Insert instead:
87 Child abduction
(1) A person who takes or detains a child with the intention of
removing or keeping the child from the lawful control of any
person having parental responsibility for the child, without the
consent of that person, is liable to imprisonment for 10 years.
(2) A person who takes or detains a child with the intention of
stealing from the child is liable to imprisonment for 10 years.
(3) In this section:
child means a child under the age of 12 years.
detaining a child includes causing the child to remain where he
or she is.
taking a child includes causing the child to accompany a
person and causing the child to be taken.
Page 9
Criminal Legislation Amendment Bill 2001
Schedule 3 Amendment of Crimes Act 1900
(4) In this section, a reference to a person who has parental
responsibility for a child is a reference to:
(a) a person who has, in relation to a child, all the duties,
powers, responsibilities and authority that, by law,
parents have in relation to their children, or
(b) a person authorised to be the carer of the child under an
Act relating to the care and protection of children.
[4] Part 3, Division 14A
Insert before section 91A:
Division 14A Procuring for prostitution
[5] Part 3D
Insert after Part 3C:
Part 3D Public order offences relating to bomb and
other hoaxes
93IH Conveying false information that a person or property is in
danger
(1) A person who conveys information:
(a) that the person knows to be false or misleading, and
(b) that is likely to make the person to whom the
information is conveyed fear for the safety of a person
or of property, or both,
is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(2) This section extends to conveying information by any means
including making a statement, sending a document, or
transmitting an electronic or other message.
(3) In this section, a reference to the safety of a person includes the
safety of the person who conveys the information and the
person to whom it is conveyed.
Page 10
Criminal Legislation Amendment Bill 2001
Amendment of Crimes Act 1900 Schedule 3
93II Leaving or sending an article with intent to cause alarm
(1) A person:
(a) who leaves in any place, or sends by any means, a
substance or article, and
(b) who intends to induce a false belief that the substance
or article is likely to be a danger to the safety of a
person or of property, or both,
is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(2) For the purposes of this section, a false belief that a substance
or article is likely to be a danger includes a false belief that the
substance or article is likely to explode, ignite, or contain,
consist of or discharge a dangerous matter.
[6] Section 203 False statement that a person or property is in danger
Omit the section.
[7] Section 562H Telephone interim orders
Insert after section 562H (9):
(9A) Extended period in special circumstances. Despite
subsection (9), a telephone interim order may be made under
subsection (3) for an extended period lasting until midnight on
the twenty-eighth day after the order is made (unless it is
revoked or it otherwise ceases to have effect) if the authorised
justice is satisfied that the Local Court closest to the place at
which the application for the order is made is not sitting within
the fourteen-day period following the making of the order.
(9B) Objection by defendant to extended period. An order may not
be made under subsection (9A) for the extended period if the
defendant:
(a) is present at the place where the application is made,
and
(b) objects, verbally or otherwise, when the application is
made to the making of the order for the extended
period.
Page 11
Criminal Legislation Amendment Bill 2001
Schedule 3 Amendment of Crimes Act 1900
(9C) Notification of defendant. A police officer must notify the
defendant:
(a) at the time the application is made if the defendant is
present at the place the application is made, of the
defendant's right to object under subsection (9B) to the
making of the order for an extended period, and
(b) at the time the order is served, of the defendant's right
to apply to have the extended period of the order
reduced, or the terms of the order varied under
subsection (9D).
(9D) Application for reduction or variation of extended period of the
order. If the defendant objects to the extended period of the
order, the defendant may apply to:
(a) the authorised justice who made the order or any other
authorised justice, or
(b) a Local Court,
to have the extended period reduced, or the terms of the order
varied.
(9E) Reduction or variation of extended period. On application by the
defendant, an authorised justice or a Local Court may reduce
the extended period of the order or vary the terms of the order.
(9F) Notification of application for reduction or variation. The
extended period of a telephone interim order must not be
reduced, or the terms of the order varied, unless notice of the
application has been served on the Commissioner of Police.
(9G) Notice of reduction or variation. Notice of any reduction or
variation is to be served on the defendant, the protected person
and the Commissioner of Police.
[8] 562H (16)
Omit the definition of working day.
[9] 578B Possession of child pornography
Omit "6 months" from section 578B (4) (a). Insert instead "2 years".
Page 12
Criminal Legislation Amendment Bill 2001
Amendment of Crimes Act 1900 Schedule 3
[10] 578B (5) (a)
Omit the paragraph. Insert instead:
(a) that the defendant did not know, or could not reasonably
be expected to have known, that the film, publication or
computer game concerned is or contains pornographic
material involving a child under 16, or
[11] 578C Publishing child pornography and indecent articles
Insert after section 578C (5):
(5A) Proceedings for an offence under subsection (2A) are not to be
commenced later than 2 years after the date of the alleged
offence.
Page 13
Criminal Legislation Amendment Bill 2001
Schedule 4 Amendment of Crimes (Administration of Sentences) Act 1999
Schedule 4 Amendment of Crimes (Administration of
Sentences) Act 1999
(Section 3)
[1] Section 138 Decision of Parole Board
Omit section 138 (1) (a). Insert instead:
(a) must make an order directing the release of the offender
on parole on:
(i) the day on which the offender becomes eligible
for release on parole (the earliest parole date) or
a specified day occurring not later than 7 days
after the earliest parole date, or
(ii) if the order is made after the earliest parole date,
a specified day occurring not later than 7 days
after the order is made, or
[2] Section 138 (1A) and (1B)
Insert after section 138 (1):
(1A) In determining a day on which to release a violent offender
under subsection (1) (a), the Parole Board must take into
account the potential trauma to a victim and the victim's family
if the offender is released on the anniversary of the commission
of the offence against the victim.
(1B) For the purposes of this section, a violent offender means an
offender who is serving a sentence for an offence involving
violence against a person, including any type of sexual assault
referred to in clause 6 of Schedule 1 to the Victims Support and
Rehabilitation Act 1996.
[3] Section 141 Decision following review
Omit section 141 (3). Insert instead:
(3) If the Parole Board decides that the offender should be released
on parole, the Parole Board must make an order directing the
release of the offender on parole on:
Page 14
Criminal Legislation Amendment Bill 2001
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 4
(a) the day on which the offender becomes eligible for
release on parole (the earliest parole date) or a
specified day occurring not later than 7 days after the
earliest parole date, or
(b) if the order is made after the earliest parole date, a
specified day occurring not later than 7 days after the
order is made.
(3A) In determining a day on which to release a violent offender
under subsection (3), the Parole Board must take into account
the potential trauma to a victim and the victim's family if the
offender is released on the anniversary of the commission of
the offence against the victim.
(3B) For the purposes of this section, a violent offender means an
offender who is serving a sentence for an offence involving
violence against a person, including any type of sexual assault
referred to in clause 6 of Schedule 1 to the Victims Support and
Rehabilitation Act 1996.
[4] Section 151 Day of release
Omit section 151 (1). Insert instead:
(1) The day of release to be specified in a parole order under
section 149 or 150 is to be:
(a) a specified date that is more than 7 and less than 14
days after the order is made, or
(b) if this would result in the offender being released before
the day on which the offender becomes eligible for
parole, a specified day occurring not later than 7 days
after the day on which the offender becomes eligible for
parole.
[5] Section 151 (1A) and (1B)
Insert after section 151 (1):
(1A) In determining a day on which to release a violent offender
under subsection (1), the Parole Board must take into account
the potential trauma to a victim and the victim's family if the
offender is released on the anniversary of the commission of
the offence against the victim.
Page 15
Criminal Legislation Amendment Bill 2001
Schedule 4 Amendment of Crimes (Administration of Sentences) Act 1999
(1B) For the purposes of this section, a violent offender means an
offender who is serving a sentence for an offence involving
violence against a person, including any type of sexual assault
referred to in clause 6 of Schedule 1 to the Victims Support and
Rehabilitation Act 1996.
[6] Schedule 5 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Criminal Legislation Amendment Act 2001, to the extent that
it amends this Act
[7] Schedule 5
Insert at the end of the Schedule with appropriate Part and clause numbers:
Part Provisions consequent on enactment of
Criminal Legislation Amendment Act 2001
Release dates of offenders
An amendment made to a provision of this Act by the Criminal
Legislation Amendment Act 2001 applies only to and in respect
of a determination of the Parole Board that occurs on or after
the commencement of the amendment.
Page 16
Criminal Legislation Amendment Bill 2001
Amendment of Crimes (Sentencing Procedure) Act 1999 Schedule 5
Schedule 5 Amendment of Crimes (Sentencing
Procedure) Act 1999
(Section 3)
[1] Section 36 Definitions
Omit "containing guidelines" from the definition of guideline judgment.
Insert instead "that is expressed to contain guidelines".
[2] Section 36, definition of "guideline proceedings"
Omit the definition. Insert instead:
guideline proceedings means:
(a) proceedings under section 37 on an application for a
guideline judgment referred to in that section, and
(b) that part of proceedings that relates to the giving of a
guideline judgment under section 37A.
[3] Section 37 Guideline judgments on application of Attorney General
Omit "apart from this section" from section 37 (4).
Insert instead "under section 37A".
[4] Section 37 (6)
Omit the subsection.
[5] Sections 37A and 37B
Insert after section 37:
37A Guideline judgments on own motion
(1) The Court may give a guideline judgment on its own motion in
any proceedings considered appropriate by the Court, and
whether or not it is necessary for the purpose of determining
the proceedings.
Page 17
Criminal Legislation Amendment Bill 2001
Schedule 5 Amendment of Crimes (Sentencing Procedure) Act 1999
(2) The Court is to give the Senior Public Defender, Director of
Public Prosecutions and Attorney General an opportunity to
appear as referred to in sections 38, 39 and 39A before giving
a guideline judgment.
37B Review, variation and revocation of guideline judgments
A guideline judgment given in proceedings under section 37 or
37A may be reviewed, varied or revoked in a subsequent
guideline judgment of the Court, whether or not given under
the same section.
[6] Section 39A
Insert after section 39:
39A Attorney General may intervene
(1) The Attorney General, or a nominee of the Attorney General
who is a legal practitioner, may appear in that part of
proceedings that relates to the giving of a guideline judgment
under section 37A.
(2) Without limiting subsection (1), the Attorney General or his or
her nominee may do any one or more of the following:
(a) oppose or support the giving of the guideline judgment
by the Court,
(b) make submissions with respect to the framing of the
guidelines,
(c) inform the Court of any relevant pending appeal with
respect to sentence,
(d) assist the Court with respect to any relevant matter.
(3) Nothing in any other Act or law prevents, or in any way limits,
the exercise of any function conferred on the Attorney General,
or on any nominee of the Attorney General, under this section.
[7] Section 42 Use of evidence in giving guideline judgments
Omit "(whether or not on an application under this Division)" from
section 42 (1).
Page 18
Criminal Legislation Amendment Bill 2001
Amendment of Crimes (Sentencing Procedure) Act 1999 Schedule 5
[8] Section 42A
Insert after section 42:
42A Relationship of guidelines and other sentencing matters
A guideline that is expressed to be contained in a guideline
judgment:
(a) is in addition to any other matter that is required to be
taken into account under Division 1 of Part 3, and
(b) does not limit or derogate from any such requirement.
[9] Section 51 Court may impose conditions on parole order
Insert after section 51 (1A):
(1B) Despite subsection (1A):
(a) the conditions of a parole order with respect to a
sentence of imprisonment to be served by way of
periodic detention may not include conditions requiring
that the offender be subject to supervision, and
(b) if an offender subsequently serves a sentence by way of
periodic detention, any condition of the parole order that
requires the offender to be subject to supervision ceases
to have effect.
[10] Section 55 Sentences for offences generally
Insert "(whether or not the escape was from a correctional centre)" after
"correctional centre" in section 55 (5) (b).
[11] Section 57 Sentences for offences involving escape by inmates
Insert "(whether or not the escape was from a correctional centre)" after
"correctional centre" in section 57 (1).
[12] Section 95 Good behaviour bonds
Omit section 95 (b). Insert instead:
(b) must contain a condition to the effect that, during the
term of the bond, the person under bond will be of good
behaviour, and
Page 19
Criminal Legislation Amendment Bill 2001
Schedule 5 Amendment of Crimes (Sentencing Procedure) Act 1999
[13] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Criminal Legislation Amendment Act 2001, to the extent that it amends
this Act
[14] Schedule 2, Part 5
Insert after Part 4:
Part 5 Provisions consequent on enactment of
Criminal Legislation Amendment Act 2001
41 Validation of guideline judgments
Any guideline judgment given by the Court of Criminal Appeal
before the commencement of section 37A that would have
been validly given had section 37A commenced before it was
given has, and is taken always to have had, the same force and
effect as it would have had if section 37A had commenced
before it was given.
42 Application of amendments
Section 37B extends to any guideline judgment given before
the commencement of that section (whether under Division 4
of Part 3 or apart from that Division).
[15] Schedule 2
Insert at the end of the Schedule:
43 Parole orders
Section 51 (1B) (b) applies to a parole order regardless of
whether the order was made before, on or after the
commencement of that provision.
Page 20
Criminal Legislation Amendment Bill 2001
Amendment of Criminal Appeal Act 1912 Schedule 6
Schedule 6 Amendment of Criminal Appeal Act 1912
(Section 3)
[1] Section 7 Powers of court in special cases
Insert after section 7 (1):
(1A) If on an appeal against a sentence under section 5 (1), 5D, 5DA
or 5DB, the court quashes or varies the sentence passed at trial
on any count or part of the indictment, the court may quash or
vary the sentence passed at the trial on any other count or part
of the indictment and pass such sentence, whether more or less
severe, in substitution for it as the court thinks proper, and as
may be warranted in law by the conviction on that other count
or part of the indictment.
[2] Section 9 Revesting and restitution of property
Omit section 9 (1) (a) and (b). Insert instead:
(a) until the expiration of the time provided by this Act for
giving the court notice of intention to appeal or to apply
for leave to appeal, and
(b) if the notice is given within that time, until the
determination of the appeal or the refusal of the
application (or until the expiration of any time
prescribed by the rules of court for making the appeal or
application after the giving of the notice),
[3] Section 10
Omit the section. Insert instead:
10 Method and time for making appeal
(1) The following provisions apply to an appeal, or application for
leave to appeal, under this Act against a person's conviction or
sentence:
Page 21
Criminal Legislation Amendment Bill 2001
Schedule 6 Amendment of Criminal Appeal Act 1912
(a) The person is required to give the court, in accordance
with the rules of court, notice of intention to appeal, or
notice of intention to apply for leave to appeal, within
28 days after the conviction or sentence.
(b) The court may, at any time, extend the time within
which the notice under paragraph (a) is required to be
given to the court.
(c) The appeal, or application for leave to appeal, is to be
made in accordance with the rules of court, which may
include:
(i) provision with respect to any statement of
grounds of appeal, transcripts, exhibits or other
documents or things to accompany the appeal or
application, and
(ii) provision with respect to the timely institution
and prosecution of the appeal or application, and
(iii) provision with respect to the period during
which the notice under paragraph (a) has effect.
(2) For the purposes of any other Act or statutory instrument
(whether enacted or made before or after the commencement
of this subsection):
(a) the period provided for making or lodging an appeal or
notice of appeal to the court against a conviction or
sentence is taken to be the period for giving the court
notice of intention to appeal or notice of intention to
apply for leave to appeal, or
(b) an appeal against a conviction or sentence is taken to be
pending in the court if notice of intention to appeal or
apply for leave to appeal has been duly given to the
court (unless the appeal or application has not been
made within any time it is required to be made by the
rules of court).
[4] Section 19 Duties of registrar with respect to notices of appeal
Omit section 19 (1). Insert instead:
(1) When an appeal or application for leave to appeal is duly made
under this Act, the registrar must take all necessary steps for
obtaining a hearing under this Act of the appeal or application.
Page 22
Criminal Legislation Amendment Bill 2001
Amendment of Criminal Appeal Act 1912 Schedule 6
(1A) The rules of court may make provision with respect to the
transcripts, exhibits or other documents or things relating to the
proceedings in the court of trial that are required for the
determination of the appeal or application.
[5] Section 19 (2)
Omit "any notice of appeal against a conviction does".
Insert instead "the appeal papers relating to a conviction do".
[6] Section 19 (3)
Omit "notices of appeal or notices of application under this Act".
Insert instead "notices of intention to appeal or to make application under
this Act".
[7] Section 21 Shorthand notes of trial
Omit "any notice of appeal or application for leave to appeal".
Insert instead "any notice of intention to appeal or to apply for leave to
appeal".
[8] Section 22 Powers of a judge sitting alone
Omit section 22 (1) (b) and (c). Insert instead:
(b) the power to extend the time within which notice of
intention to appeal is to be given (or any time within
which the appeal is to be made),
(c) the power to extend the time within which notice of
intention to apply for leave to appeal is to be given (or
any time within which the application is to be made),
[9] Schedule 1 Savings and transitional provisions
Insert after clause 6:
7 Criminal Legislation Amendment Act 2001
An amendment made by the Criminal Legislation Amendment
Act 2001 does not apply in respect of an appeal pending
immediately before the commencement of that amendment.
Page 23
Criminal Legislation Amendment Bill 2001
Schedule 7 Amendment of Criminal Procedure Act 1986
Schedule 7 Amendment of Criminal Procedure
Act 1986
(Section 3)
[1] Section 27 Maximum penalties for Table 1 offences
Omit section 27 (4AA).
[2] Section 36 Certification and transfer of back up and related offences
Omit section 36 (1) (b). Insert instead:
(b) if the person has been charged with any back up offence
or related offence:
(i) the prosecuting authority is to produce to the
court a certificate specifying each back up
offence and related offence with which the
person has been charged, and
(ii) the proceedings on each back up offence and
related offence with which the person has been
charged are to be transferred to the court in
which the person has been committed to trial
(along with the certificate).
[3] Section 36 (3)
Insert after section 36 (2):
(3) Proceedings on a back up offence or related offence that are
laid after committal for trial of a person charged with an
indictable offence are to be transferred to the court in which the
person has been committed to trial.
[4] Section 37 Manner of dealing with certain offences related to indictable
offences
Omit "may deal" from section 37 (1) (b). Insert instead "is to deal".
[5] Section 37 (1) (b)
Insert ", unless to do so would not be in the interests of justice" after "this
Part".
Page 24
Criminal Legislation Amendment Bill 2001
Amendment of Criminal Procedure Act 1986 Schedule 7
[6] Section 37 (1A)
Omit "may deal". Insert instead "is to deal".
[7] Section 37 (1A)
Insert ", unless to do so would not be in the interests of justice" after "this
Part".
[8] Section 37 (2) and (3)
Omit the subsections.
[9] Section 39
Omit the section. Insert instead:
39 Remission of certain offences related to indictable offences to
Local Courts
(1) A court that is dealing with a back up offence or related offence
under this Part may, if it is in the interests of justice to do so,
remit the matter to a Local Court.
(2) Any back up offence or related offence that is not dealt with by
a court in accordance with this Part is to be remitted back to a
Local Court.
[10] Schedule 1 Indictable offences triable summarily
Insert after clause 10A of Table 1:
10B Offences relating to bomb and other hoaxes
An offence under section 93IH or 93II of the Crimes Act 1900.
[11] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Criminal Legislation Amendment Act 2001, to the extent that
it amends this Act
Page 25
Criminal Legislation Amendment Bill 2001
Schedule 8 Amendment of Drug Misuse and Trafficking Act 1985
Schedule 8 Amendment of Drug Misuse and
Trafficking Act 1985
(Section 3)
Section 24A Possession of precursors for manufacture or
production of prohibited drugs
Insert after section 24A (2):
(2A) The regulations may make provision for or with respect to
prohibiting or regulating the cash sale of precursors.
Page 26
Criminal Legislation Amendment Bill 2001
Amendment of Evidence (Children) Act 1997 Schedule 9
Schedule 9 Amendment of Evidence (Children)
Act 1997
(Section 3)
[1] Section 11 Child entitled to give evidence in chief in form of recording
Insert after section 11 (1):
(1A) Subject to section 15, a child who is 16 or more but less than
18 years of age at the time evidence is given is entitled to give,
and may give, evidence as referred to in subsection (1) of a
recording of a previous representation to which this Part applies
made by the child when the child was less than 16 years of age.
Note. Under section 15 a court may order that a child not give evidence
in the form of a recording if it is satisfied that it is not in the interests of
justice for the evidence to be given by a recording.
[2] Section 18 Children have a right to give evidence by closed-circuit
television
Insert after section 18 (1):
(1A) Subject to subsections (3) and (4), a child who is 16 or more
but less than 18 years of age at the time evidence is given in a
proceeding to which this Part applies is entitled to give the
evidence as referred to in subsection (1) if the child was under
16 years of age when the charge for the personal assault
offence to which the proceedings relate was laid.
[3] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Criminal Legislation Amendment Act 2001, to the extent that
it amends this Act
Page 27
Criminal Legislation Amendment Bill 2001
Schedule 10 Amendment of Occupational Health and Safety Act 2000
Schedule 10 Amendment of Occupational Health and
Safety Act 2000
(Section 3)
Section 125 Guideline judgments on application of Attorney
General
Omit "in a pending proceeding relating to an offence (apart from section 37
of the Crimes (Sentencing Procedure) Act 1999)" from section 125 (4).
Insert instead "in a proceeding under section 37A of the Crimes (Sentencing
Procedure) Act 1999".
Page 28
Criminal Legislation Amendment Bill 2001
Amendment of Poisons and Therapeutic Goods Regulation 1994 Schedule 11
Schedule 11 Amendment of Poisons and Therapeutic
Goods Regulation 1994
(Section 3)
Clause 131A Prohibition on cash sales
Omit the clause.
Page 29
Criminal Legislation Amendment Bill 2001
Schedule 12 Amendment of Summary Offences Act 1988
Schedule 12 Amendment of Summary Offences
Act 1988
(Section 3)
Section 27D Unlawful possession of offensive weapons or
instruments
Insert after section 27D (2):
(2A) In respect of an offence under this section, the powers of arrest
of a police officer may be exercised by a correctional officer.
Page 30
Criminal Legislation Amendment Bill 2001
Amendment of Young Offenders Act 1997 Schedule 13
Schedule 13 Amendment of Young Offenders Act 1997
(Section 3)
[1] Section 8 Offences covered by Act
Omit section 8 (2) (f). Insert instead:
(f) the offence is an offence under Division 2 of Part 2 of
the Drug Misuse and Trafficking Act 1985 other than:
(i) an offence under section 23 (1) (a) or (c) of that
Act to which subsection (3) applies, or
(ii) an offence under section 27 or 28 of that Act of
aiding, abetting, counselling, procuring,
soliciting or inciting the commission of an
offence under section 23 (1) (a) or (c) to which
subsection (3) applies.
[2] Section 8 (3)
Insert after section 8 (2):
(3) An offence under section 23 (1) (a) or (c) of the Drug Misuse
and Trafficking Act 1985 is covered by this Act if in the
opinion of the investigating official or prosecuting authority:
(a) the offence involves not more than half the small
quantity applicable to the prohibited plant within the
meaning of the Drug Misuse and Trafficking Act
1985, or
(b) there are exceptional circumstances in that:
(i) the offence involves more than half, but not
more than the total, small quantity applicable to
the prohibited plant within the meaning of the
Drug Misuse and Trafficking Act 1985, and
(ii) it would be in the interests of rehabilitation, and
appropriate in all the circumstances, to deal with
the matter under this Act.
Page 31
Criminal Legislation Amendment Bill 2001
Schedule 13 Amendment of Young Offenders Act 1997
[3] Schedule 3 Savings and transitional provisions
Insert at the end of clause 1 (1):
Criminal Legislation Amendment Act 2001, to the extent that
it amends this Act
Page 32
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