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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 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Acts 2
4 Repeal of Drug Misuse and Trafficking Amendment
Act 2006 No 39 2
5 Repeal of Act 2
Schedule 1 Amendment of Criminal Procedure Act 1986 No 209 3
Schedule 2 Amendment of Criminal Appeal Act 1912 No 16 6
Schedule 3 Amendment of Crimes Act 1900 No 40 8
Schedule 4 Amendment of Drug Misuse and Trafficking Act 1985
No 226 9
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, , 2007
New South Wales
Criminal Legislation Amendment
Bill 2007
Act No , 2007
An Act to make miscellaneous amendments to legislation relating to crimes, criminal
procedure, and other matters.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Criminal Legislation Amendment Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Criminal Legislation Amendment Act 2007.
2 Commencement
(1) Sections 13, 5, Schedule 1 [1], [11], [12] and [15] and Schedule 3 [1]
and [3][6] commence on the date of assent to this Act.
(2) This Act commences on a day or days to be appointed by proclamation,
except as provided by subsection (1).
3 Amendment of Acts
The Acts specified in Schedules 14 are amended as set out in those
Schedules.
4 Repeal of Drug Misuse and Trafficking Amendment Act 2006 No 39
The Drug Misuse and Trafficking Amendment Act 2006 is repealed.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Criminal Legislation Amendment Bill 2007
Amendment of Criminal Procedure Act 1986 No 209 Schedule 1
Schedule 1 Amendment of Criminal Procedure Act
1986 No 209
(Section 3)
[1] Section 6 Certain offences to be dealt with summarily
Omit section 6 (1) (c). Insert instead:
(c) an offence for which the maximum penalty that may be
imposed is not, and does not include, imprisonment for
more than 2 years, excluding the following offences:
(i) an offence that under any other Act is required or
permitted to be dealt with on indictment,
(ii) an offence listed in Table 1 or 2 to Schedule 1.
[2] Section 136 Court may order pre-trial disclosure in particular case
Insert "one or more of the following matters" after "having regard to" in
section 136 (2).
[3] Section 136 (2) (a) and (b)
Omit "and" wherever occurring.
[4] Section 143 Requirements as to notices
Insert after section 143 (4):
(5) A party required to give a notice under this Division must file a
copy of the notice with the court as soon as practicable after
giving it, or as otherwise required by the court.
[5] Section 147
Omit the section. Insert instead:
147 Exemption for matters previously disclosed
(1) The prosecutor is not required to include in a notice under this
Division anything that has already been included in a brief of
evidence in relation to the matter served on the accused person in
accordance with this or any other Act.
(2) However, the prosecutor must include in the notice a list
identifying the statements of those witnesses who are proposed to
be called at the trial by the prosecutor.
Page 3
Criminal Legislation Amendment Bill 2007
Schedule 1 Amendment of Criminal Procedure Act 1986 No 209
[6] Section 150 Notice of alibi
Insert "to the Director of Public Prosecutions and files a copy of the notice
with the court" after "particulars of the alibi" in section 150 (2).
[7] Section 150 (8), definition of "prescribed period"
Omit "21 days". Insert instead "42 days".
[8] Section 151 Notice of intention to adduce evidence of substantial mental
impairment
Insert "to the Director of Public Prosecutions and files a copy of the notice
with the court" after "raise that contention" in section 151 (1).
[9] Section 205 Order dismissing matter to be made
Insert after section 205 (2):
(3) This section does not apply to a matter that is taken to be
dismissed because of section 208.
[10] Section 208 Dismissal of matter if matter withdrawn
Insert at the end of the section:
(2) The dismissal of a matter because of its withdrawal by the
prosecutor does not prevent any later proceedings in any court for
the same matter against the same person.
[11] Section 259
Omit the section. Insert instead:
259 Offences to which this Chapter applies
(1) This Chapter applies to the offences listed in Tables 1 and 2 to
Schedule 1.
(2) All the offences listed in Tables 1 and 2 to Schedule 1 are
indictable offences, subject to the provisions of this Chapter.
[12] Section 344A Further review by Ombudsman--Aboriginal and Torres
Strait Islander communities
Omit "30 November 2008" from section 344A (3).
Insert instead "31 May 2009".
Page 4
Criminal Legislation Amendment Bill 2007
Amendment of Criminal Procedure Act 1986 No 209 Schedule 1
[13] Schedule 1 Indictable offences triable summarily
Insert after clause 30A in Table 1:
30B Offences involving possession of prohibited drug precursors
An offence referred to in section 24B of the Drug Misuse and
Trafficking Act 1985.
[14] Schedule 1
Insert "or (2)" after "section 93FA (1)" in clause 6 of Table 2.
[15] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Criminal Legislation Amendment Act 2007
[16] Schedule 2
Insert at the end of the Schedule (with appropriate Part and clause numbers):
Part Provisions consequent on enactment of
Criminal Legislation Amendment Act 2007
Changes to pre-trial disclosure requirements
(1) The amendments made to Division 3 of Part 3 of Chapter 3 by the
Criminal Legislation Amendment Act 2007 do not apply in
respect of any pre-trial disclosure that is carried out pursuant to
an order made by the court under section 136 before the
commencement of the amendments.
(2) The amendments made to sections 150 and 151 by the Criminal
Legislation Amendment Act 2007 do not apply in respect of a trial
that was listed for hearing before the commencement of the
amendments.
Withdrawal of matter by prosecutor
The amendments made to sections 205 and 208 by the Criminal
Legislation Amendment Act 2007 apply only to the dismissal of a
matter on or after the commencement of the amendments.
Page 5
Criminal Legislation Amendment Bill 2007
Schedule 2 Amendment of Criminal Appeal Act 1912 No 16
Schedule 2 Amendment of Criminal Appeal Act 1912
No 16
(Section 3)
[1] Section 14A Crown appeals--absence of respondent
Omit "An appeal under section 5C, 5D, 5DA or 5DB".
Insert instead "A Crown appeal".
[2] Section 14A (2)(6)
Insert at the end of section 14A:
(2) If on a Crown appeal the court decides to impose on a respondent,
in the absence of the respondent, a sentence of imprisonment by
way of full-time detention, and the respondent is not in custody
at the time of that decision, the court may decline to specify a
commencement date for the sentence until the respondent
appears before the court for sentencing.
(3) If the court declines to specify a commencement date for a
sentence under this section:
(a) sections 47 and 48 of the Crimes (Sentencing Procedure)
Act 1999 do not apply until the respondent appears before
the court for sentencing, and
(b) when the respondent appears before the court for
sentencing, sections 47 and 48 of the Crimes (Sentencing
Procedure) Act 1999 apply in respect of the sentence as if
the sentence were imposed by the court on the day the
respondent so appears.
(4) The court may, for the purpose of disposing of proceedings on a
Crown appeal, or imposing a sentence in such proceedings
(including specifying the commencement date for a sentence),
issue a warrant to arrest a respondent if the respondent fails to
appear before it and the court is satisfied:
(a) that the respondent has been given notice of the date on
which the proceedings were to be disposed of, or the
sentence imposed, or
(b) that attempts to give such notice have failed because the
respondent's whereabouts are unknown.
(5) Part 4 of Chapter 4 of the Criminal Procedure Act 1986 applies,
with any necessary modifications, to warrants issued by the court
under this section in the same way as it applies to warrants issued
in proceedings to which that Part applies.
Page 6
Criminal Legislation Amendment Bill 2007
Amendment of Criminal Appeal Act 1912 No 16 Schedule 2
(6) In this section:
Crown appeal means an appeal under section 5C, 5D, 5DA, 5DB
or 5DC.
[3] Schedule 1 Savings and transitional provisions
Insert after clause 11:
12 Criminal Legislation Amendment Act 2007
The amendments made to section 14A by the Criminal
Legislation Amendment Act 2007 extend to proceedings on a
Crown appeal (within the meaning of that section) that were
commenced, but not finally disposed of, before the amendments
commenced.
Page 7
Criminal Legislation Amendment Bill 2007
Schedule 3 Amendment of Crimes Act 1900 No 40
Schedule 3 Amendment of Crimes Act 1900 No 40
(Section 3)
[1] Section 4A
Insert after section 4:
4A Recklessness
For the purposes of this Act, if an element of an offence is
recklessness, that element may also be established by proof of
intention or knowledge.
[2] Section 93FA Possession, supply or making of explosives
Omit section 93FA (2). Insert instead:
(2) A person who possesses, supplies or makes an explosive, under
circumstances that give rise to a reasonable suspicion that the
person did not possess, supply or make the explosive for a lawful
purpose, is guilty of an offence.
Maximum penalty: Imprisonment for 3 years or 50 penalty units,
or both.
[3] Section 331 Contradictory statements on oath
Omit "jury" wherever occurring. Insert instead "trier of fact".
[4] Section 345 Principals in the second degree--how tried and punished
Omit "same punishment as the principal".
Insert instead "same punishment to which the person would have been liable
had the person been the principal".
[5] Section 346 Accessories before the fact--how tried and punished
Omit "same punishment as the principal offender".
Insert instead "same punishment to which the person would have been liable
had the person been the principal offender".
[6] Section 351B Aiders and abettors punishable as principals
Omit "the principal offender is liable" from section 351B (2).
Insert instead "the person would have been liable had the person been the
principal offender".
Page 8
Criminal Legislation Amendment Bill 2007
Amendment of Drug Misuse and Trafficking Act 1985 No 226 Schedule 4
Schedule 4 Amendment of Drug Misuse and
Trafficking Act 1985 No 226
(Section 3)
[1] Section 11C
Insert after section 11B:
11C Possession of instructions for manufacture or production of
prohibited drugs
(1) A person who has in his or her possession a document that
contains instructions for the manufacture or production of a
prohibited drug is guilty of an offence.
(2) It is a defence to a prosecution for an offence under subsection (1)
if the defendant establishes:
(a) that the defendant is licensed or authorised under the
Poisons and Therapeutic Goods Act 1966 to manufacture
or produce the prohibited drug to which the instructions
relate, or
(b) that the defendant is acting in accordance with an authority
granted by the Director-General of the Department of
Health where the Director-General is satisfied that the
manufacture or production of the prohibited drug to which
the instructions relate is for the purpose of scientific
research, instruction, analysis or study, or
(c) that the defendant is in possession of the document for the
purposes of an activity that is not unlawful, or
(d) that the defendant otherwise has a reasonable excuse for
possessing the document.
[2] Section 24A Possession of precursors and certain apparatus for
manufacture or production of prohibited drugs
Omit section 24A (1). Insert instead:
(1) A person who has possession of:
(a) a precursor, or
(b) a drug manufacture apparatus,
intended by the person for use in the manufacture or production,
by that person or another person, of a prohibited drug is guilty of
an offence.
Page 9
Criminal Legislation Amendment Bill 2007
Schedule 4 Amendment of Drug Misuse and Trafficking Act 1985 No 226
[3] Section 24A (3)
Omit the subsection. Insert instead:
(3) In this section:
drug manufacture apparatus means an apparatus specified or
described in the regulations as a drug manufacture apparatus for
the purposes of this section.
precursor means a substance specified or described in the
regulations as a precursor for the purposes of this section.
[4] Section 24B
Insert after section 24A:
24B Possession of prohibited drug precursors
(1) A person who has in his or her possession a precursor of a
quantity not less than the quantity prescribed by the regulations
in relation to that precursor is guilty of an offence.
(2) It is a defence to a prosecution for an offence under subsection (1)
if the defendant establishes:
(a) that the defendant is in possession of the precursor for the
purposes of an activity that is not unlawful, or
(b) that the defendant otherwise has a reasonable excuse for
possessing the precursor.
(3) In this section, precursor means a substance:
(a) that is capable of being used to manufacture or produce a
prohibited drug, and
(b) that is specified or described in the regulations as a
precursor for the purposes of this section.
[5] Section 31 Indictable offences--summary disposal of unless
prosecution or accused elects otherwise
Insert "or 24B" after "section 24A" in section 31 (1A).
[6] Section 33AB Penalties for offences involving possession of prohibited
drug precursors
Insert at the end of the section:
(2) The penalty for an offence under section 24B is a fine of 1,000
penalty units or imprisonment for a term of 5 years, or both,
except as provided by section 31.
Page 10
Criminal Legislation Amendment Bill 2007
Amendment of Drug Misuse and Trafficking Act 1985 No 226 Schedule 4
[7] Section 35A
Insert after section 35:
35A Defence to certain offences involving substances used in industry
Despite any other provision of this Act, it is not an offence
against this Act for:
(a) a person to manufacture, produce, possess or supply a
substance listed in Schedule 2 if the substance is contained
in a product from which the substance cannot be readily
extracted or readily synthesized, or
(b) a person to manufacture, produce, possess or supply a
substance listed in Schedule 2 if the substance is contained
in a product that is not for human consumption and the
person manufactures, produces, possesses or supplies the
product in connection with an activity that is not unlawful,
or
(c) a person to possess or supply a substance listed in
Schedule 2 if the person possesses or supplies the
substance for the purpose of its disposal as waste or its
destruction.
[8] Section 40A Proof of certain matters
Omit "or 25 (4)" from section 40A (2). Insert instead ", 25 (4) or 35A".
[9] Section 44A
Insert after section 44:
44A Amendment of Schedule 2
The Governor may, from time to time, by regulation amend
Schedule 2:
(a) by adding the name or description of or relating to a
substance, or
(b) by amending a name or description of or relating to a
substance for the purpose of more accurately describing
the substance.
Page 11
Criminal Legislation Amendment Bill 2007
Schedule 4 Amendment of Drug Misuse and Trafficking Act 1985 No 226
[10] Schedule 1
Insert in appropriate order:
1,4-Butanediol 30.0g 10.0g 50.0g 1.0kg 4.0kg --
Gamma 30.0g 10.0g 50.0g 1.0kg 4.0kg --
butyrolactone
[11] Schedule 1
Omit ", except 4-Hydroxy-butanoic acid lactone (also known as gamma
butyrolactone as referred to in Schedule 2 to the Drug Misuse and Trafficking
Regulation 2000)" from the matter relating to 4-Hydroxybutanoic acid.
[12] Schedule 2
Insert after Schedule 1:
Schedule 2 Industry use defence substances
(Sections 35A and 44A)
1,4-Butanediol (also known as hydroxybutanol or 1,4 BD)
Gamma butyrolactone (also known as 4-hydroxybutanoic acid lactone or
GBL)
Page 12
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