New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes Legislation Amendment
(Terrorism) Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes Act 1900 No 40 2
4 Amendment of Criminal Procedure Act 1986 No 209 2
5 Amendment of Terrorism (Police Powers) Act 2002 No 115 2
6 Amendment of State Emergency and Rescue Management
Act 1989 No 165 2
Schedule 1 Amendment of Crimes Act 1900 3
Schedule 2 Amendment of Criminal Procedure Act 1986 6
Schedule 3 Amendment of Terrorism (Police Powers) Act 2002 7
Schedule 4 Amendment of State Emergency and Rescue Management
Act 1989 8
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, , 2004
New South Wales
Crimes Legislation Amendment
(Terrorism) Bill 2004
Act No , 2004
An Act to amend the Crimes Act 1900 and other Acts in connection with terrorist
related offences and powers.
See also Sydney Opera House Trust Amendment Act 2004.
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 Crimes Legislation Amendment (Terrorism) Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes Legislation Amendment (Terrorism)
Act 2004.
2 Commencement
(1) This Act commences on the date of assent, except as provided by
subsection (2).
(2) Sections 3 and 4, and Schedules 1 and 2, commence on a day or days
to be appointed by proclamation.
3 Amendment of Crimes Act 1900 No 40
The Crimes Act 1900 is amended as set out in Schedule 1.
4 Amendment of Criminal Procedure Act 1986 No 209
The Criminal Procedure Act 1986 is amended as set out in
Schedule 2.
5 Amendment of Terrorism (Police Powers) Act 2002 No 115
The Terrorism (Police Powers) Act 2002 is amended as set out in
Schedule 3.
6 Amendment of State Emergency and Rescue Management Act 1989
No 165
The State Emergency and Rescue Management Act 1989 is
amended as set out in Schedule 4.
Page 2
Crimes Legislation Amendment (Terrorism) Bill 2004
Amendment of Crimes Act 1900 Schedule 1
Schedule 1 Amendment of Crimes Act 1900
(Section 3)
[1] Section 4 Definitions
Insert at the end of the section:
(7) A reference in any offence under this Act to causing any
poison or other destructive or noxious thing to be
administered to or taken by any person includes a reference to
causing any person to inhale, take or be exposed to the poison
or thing by its release into the person's environment.
[2] Section 48
Omit the section. Insert instead:
48 Causing explosives to be placed in or near building,
conveyance or public place
(1) A person who causes an explosive to be placed in or near:
(a) a building, or
(b) a vehicle, vessel, train or other conveyance, or
(c) a public place,
with the intention of causing bodily harm to any person, is
guilty of an offence.
Maximum penalty: Imprisonment for 14 years.
(2) A person commits an offence under this section whether or
not:
(a) any explosion occurs, or
(b) any bodily harm is caused.
[3] Section 55 Possessing or making explosives or other things with
intent to injure
Omit "five years". Insert instead "10 years".
[4] Part 3B, heading
Insert "explosives," before "firearms".
Page 3
Crimes Legislation Amendment (Terrorism) Bill 2004
Schedule 1 Amendment of Crimes Act 1900
[5] Section 93FA
Insert after section 93F:
93FA Possession or making of explosives
(1) A person who possesses an explosive in a public place is
guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(2) A person who possesses or makes an explosive, under
circumstances that give rise to a reasonable suspicion that the
person did not possess or make the explosive for a lawful
purpose, is guilty of an offence.
Maximum penalty: Imprisonment for 2 years or 50 penalty
units, or both.
(3) An offence against subsection (2) is a summary offence.
(4) A person is not guilty of an offence against subsection (1)
or (2) for possessing or making an explosive if the person
satisfies the court that he or she had a reasonable excuse for
doing so or did so for a lawful purpose.
[6] Section 200 Possession etc of explosive or other article with
intent to destroy or damage property
Omit "is liable to imprisonment for 3 years".
Insert instead "is liable (if the article is an explosive) to imprisonment for
7 years or (if the article is not an explosive) to imprisonment for 3 years".
[7] Section 203A Definitions
Insert at the end of the definition of public facility:
(e) a public computer system, including a computer system
used for the operation of a public facility, for the
provision of banking services or for other services to
the public.
[8] Section 545D Unlawful making or possession of explosives
Omit the section.
Page 4
Crimes Legislation Amendment (Terrorism) Bill 2004
Amendment of Crimes Act 1900 Schedule 1
[9] Section 545E Possession of dangerous articles other than
firearms
Omit the section and insert it (re-numbered as section 93FB) in
appropriate order in Part 3B.
[10] Section 357 Searching for and seizing firearms etc
Omit "section 545E" from section 357 (1) (b).
Insert instead "section 93FB".
Page 5
Crimes Legislation Amendment (Terrorism) Bill 2004
Schedule 2 Amendment of Criminal Procedure Act 1986
Schedule 2 Amendment of Criminal Procedure Act
1986
(Section 4)
Schedule 1 Indictable offences triable summarily
Insert "93FA (1)," after "section" in item 6 of Table 2.
Page 6
Crimes Legislation Amendment (Terrorism) Bill 2004
Amendment of Terrorism (Police Powers) Act 2002 Schedule 3
Schedule 3 Amendment of Terrorism (Police Powers)
Act 2002
(Section 5)
[1] Section 5 Authorisation of special powers to prevent terrorist acts
Omit "an imminent threat of a terrorist act" from section 5 (a).
Insert instead "a threat of a terrorist act occurring in the near future".
[2] Section 14A
Insert after section 14:
14A Power to give directions to government agencies
(1) The Commissioner of Police or other police officer referred to
in section 8 may, for the purposes of facilitating the exercise
of the special powers conferred by this Act, give a
government agency directions with respect to the exercise of
the powers or functions of the agency.
(2) The government agency is authorised and required to comply
with the direction.
(3) In this section:
government agency includes a government department, a
public or local authority, a State owned corporation and any
member or officer of any such department, authority or
corporation, but does not include a parliamentary or judicial
body or its members or officers.
[3] Section 19A
Insert after section 19:
19A Cordon around target area
(1) A police officer may, for the purposes of stopping and
searching under this Part persons, vehicles or premises in a
target area, place a cordon around the target area or any part
of it.
(2) A cordon may include any form of physical barrier, including
a roadblock on any road in or in the vicinity of the target area.
Page 7
Crimes Legislation Amendment (Terrorism) Bill 2004
Schedule 4 Amendment of State Emergency and Rescue Management Act 1989
Schedule 4 Amendment of State Emergency and
Rescue Management Act 1989
(Section 6)
Section 4 Definition of "emergency"
Insert ", terrorist act" after "explosion" in section 4 (1).
Page 8
[Index] [Search] [Download] [Related Items] [Help]