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
(Penalty Notice Offences) Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Criminal Procedure Act 1986 No 209 2
4 Amendment of Crimes Act 1900 No 40 2
5 Other amendments 2
Schedules
1 Amendment of Criminal Procedure Act 1986 3
2 Amendment of Crimes Act 1900 10
3 Other amendments 12
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2002
New South Wales
Crimes Legislation Amendment
(Penalty Notice Offences) Bill 2002
Act No , 2002
An Act to amend the Criminal Procedure Act 1986 with respect to the issue of
penalty notices; to amend the Crimes Act 1900 to confer powers on police officers
relating to the taking of finger-prints and palm-prints; and for other purposes.
Clause 1 Crimes Legislation Amendment (Penalty Notice Offences) Bill 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes Legislation Amendment (Penalty Notice
Offences) Act 2002.
2 Commencement
(1) This Act commences on a day or days to be appointed by
proclamation, except as provided by subsection (2).
(2) Schedule 1 [2] commences on the commencement of Schedule 1 [132]
to the Criminal Procedure Amendment (Justices and Local Courts) Act
2001 or on the commencement of Schedule 1 [1] to this Act,
whichever is the later.
3 Amendment of Criminal Procedure Act 1986 No 209
The Criminal Procedure Act 1986 is amended as set out in Schedule 1.
4 Amendment of Crimes Act 1900 No 40
The Crimes Act 1900 is amended as set out in Schedule 2.
5 Other amendments
Each Act and Regulation specified in Schedule 3 is amended as set out
in that Schedule.
Page 2
Crimes Legislation Amendment (Penalty Notice Offences) Bill 2002
Amendment of Criminal Procedure Act 1986 Schedule 1
Schedule 1 Amendment of Criminal Procedure Act
1986
(Section 3)
[1] Part 8
Insert after Part 7:
Part 8 Penalty notice offences
160 Definitions
(1) In this Part:
penalty notice offence means an offence prescribed by the
regulations under this Part as a penalty notice offence.
senior police officer means:
(a) a Local Area Commander of Police, or
(b) a Duty Officer for a police station, or
(c) any other police officer of the rank of Inspector or
above.
(2) Notes included in this Part are explanatory notes and do not
form part of this Part.
161 Police may issue penalty notices for certain offences
A police officer may serve a penalty notice on a person if it
appears to the officer that the person has committed a penalty
notice offence.
Note. This Part does not require a police officer to serve a penalty notice
rather than taking any other action (see section 170 (3)).
162 Penalty notices
(1) A penalty notice is a notice to the effect that, if the person
served does not wish to have the matter determined by a court,
the person can pay, within the time and to the person specified
in the notice, the amount of the penalty prescribed by the
regulations for the offence if dealt with under this Part.
Page 3
Crimes Legislation Amendment (Penalty Notice Offences) Bill 2002
Schedule 1 Amendment of Criminal Procedure Act 1986
(2) A penalty notice must be served personally.
163 Penalty notices may not be issued to children
(1) A penalty notice may not be issued under this Part to a person
who is under the age of 18 years.
(2) If a penalty notice is issued under this Part to a person who is
under the age of 18 years, the following provisions have effect:
(a) The amount that was payable under the notice is not
payable.
(b) Any amount that is paid under the notice is repayable to
the person by whom it is paid.
(c) Further proceedings in respect of the alleged offence
may be taken against any person (including the person
on whom the notice was served) as if the notice had
never been served.
(3) Nothing in this section requires further proceedings to be taken
in respect of an alleged offence if a penalty notice is issued to
a person who is under the age of 18 years.
164 Penalty notice offences
(1) The regulations may prescribe an offence under any Act or
statutory rule made under an Act as a penalty notice offence for
the purposes of penalty notices served by police officers under
this Part.
(2) Any such regulation may specify the offence or refer to the
provision creating the offence.
165 Penalties
(1) The regulations may:
(a) prescribe the penalty payable for a penalty notice
offence dealt with under this Part, and
(b) prescribe different penalties for different offences or
classes of offences, and
(c) prescribe different penalties for the same penalty notice
offence.
Page 4
Crimes Legislation Amendment (Penalty Notice Offences) Bill 2002
Amendment of Criminal Procedure Act 1986 Schedule 1
(2) The amount of a penalty prescribed for a penalty notice offence
is not to exceed the maximum amount of penalty that could be
imposed for the offence by a court.
166 Effect of payment of penalty
(1) If the amount of penalty prescribed for an alleged penalty
notice offence is paid, no person is liable to any further
proceedings for the alleged offence.
(2) Payment of a penalty under this Part is not to be regarded as an
admission of liability for the purpose of, and does not in any
way affect or prejudice, any civil claim, action or proceeding
arising out of the same occurrence.
(3) This section is subject to sections 163 and 168.
Note. The Fines Act 1996 sets out the procedures if a person fails to pay
a penalty under a penalty notice and for the annulment of resulting fine
enforcement orders.
167 Limitation on exercise of penalty notice powers
This Part does not authorise a police officer to serve a penalty
notice in relation to:
(a) an industrial dispute, or
(b) an apparently genuine demonstration or protest, or
(c) a procession, or
(d) an organised assembly.
168 Withdrawal of penalty notice
(1) A senior police officer may withdraw a penalty notice issued by
a police officer before the due date for payment under the
notice under this Part.
(2) A senior police officer must withdraw a penalty notice
immediately if directed to do so by the Director of Public
Prosecutions.
(3) The following provisions have effect in relation to an alleged
offence if a penalty notice for the alleged offence is withdrawn
in accordance with this section:
(a) The amount that was payable under the notice ceases to
be payable.
Page 5
Crimes Legislation Amendment (Penalty Notice Offences) Bill 2002
Schedule 1 Amendment of Criminal Procedure Act 1986
(b) Any amount that has been paid under the notice is
repayable to the person by whom it was paid.
(c) Further proceedings in respect of the alleged offence
may be taken against any person (including the person
on whom the notice was served) as if the notice had
never been served.
(4) Nothing in this section requires further proceedings to be taken
in respect of an alleged offence if a penalty notice is
withdrawn.
(5) For the purposes of section 39 of the Fines Act 1996, the
appropriate officer is a senior police officer.
169 Powers relating to identity
(1) A police officer who intends to issue a penalty notice, under
this Part, to a person whose name or address is, or name and
address are, unknown to the officer may request the person to
state his or her name or address (or both).
(2) A police officer may make a request under subsection (1) only
if at the time of making the request the police officer:
(a) provides evidence to the person that he or she is a police
officer (unless the police officer is in uniform), and
(b) provides his or her name and place of duty, and
(c) informs the person of the reason for the request, and
(d) warns the person that failure to comply with the request
may be an offence.
(3) A person must not, without reasonable excuse, (proof of which
lies on the person), in response to a request made by a police
officer in accordance with subsections (1) and (2):
(a) fail or refuse to comply with the request, or
(b) state a name that is false in a material particular, or
(c) state an address other than the full and correct address
of his or her residence.
Maximum penalty: 2 penalty units.
(4) A police officer may request a person to provide proof of the
person's name and address.
Page 6
Crimes Legislation Amendment (Penalty Notice Offences) Bill 2002
Amendment of Criminal Procedure Act 1986 Schedule 1
(5) Nothing in this section limits any functions that police officers
may have apart from this section.
170 Effect of Part on other procedures and powers
(1) This Part (except as provided by section 166) does not limit the
operation of any other provision of, or made under, this or any
other Act relating to proceedings that may be taken in respect
of offences.
(2) Nothing in this Part limits any functions that police officers
have apart from this Part (including the power to issue a
penalty notice under any other Act or statutory rule).
(3) Nothing in this Part requires a police officer to issue a penalty
notice instead of taking any other proceeding or action a police
officer may take in respect of an alleged offence.
171 Limited implementation of penalty notice provisions
(1) The regulations may limit the application of the provisions of
this Part to offences dealt with in a specified part or parts of
New South Wales for a specified period or periods.
(2) If a regulation is made under this section, the application of the
Part is limited as specified by the regulation even though the
specified provisions of this Part have commenced.
172 Monitoring of Part by Ombudsman
(1) For the period of 12 months after the commencement of this
section, the Ombudsman is to keep under scrutiny the operation
of the provisions of this Part and the regulations made under
this Part and sections 353AC and 353AE (in so far as it relates
to the exercise of powers under section 353AC) of the Crimes
Act 1900.
(2) For that purpose, the Ombudsman may require the
Commissioner of Police or any public authority to provide
information about police or the public authority's participation
in the operation of the provisions referred to in subsection (1).
Page 7
Crimes Legislation Amendment (Penalty Notice Offences) Bill 2002
Schedule 1 Amendment of Criminal Procedure Act 1986
(3) The Ombudsman must, as soon as practicable after the
expiration of that 12-month period, prepare a report on the
Ombudsman's work and activities under this section and
furnish a copy of the report to the Minister, the Minister for
Police and the Commissioner of Police.
(4) The Ombudsman may identify, and include recommendations
in the report to be considered by the Minister about,
amendments that might appropriately be made to this Act with
respect to the operation of the provisions referred to in
subsection (1).
(5) The Minister is to lay (or cause to be laid) a copy of the report
furnished to the Minister under this section before both Houses
of Parliament as soon as practicable after the Minister receives
the report.
(6) If a House of Parliament is not sitting when the Minister seeks
to lay a report before it, the Minister may present copies of the
report to the Clerk of the House concerned.
(7) The report:
(a) on presentation and for all purposes is taken to have
been laid before the House, and
(b) may be printed by authority of the Clerk of the House,
and
(c) if printed by authority of the Clerk, is for all purposes
taken to be a document published by or under the
authority of the House, and
(d) is to be recorded:
(i) in the case of the Legislative Council, in the
Minutes of the Proceedings of the Legislative
Council and
(ii) in the case of the Legislative Assembly, in the
Votes and Proceedings of the Legislative
Assembly,
on the first sitting day of the House after receipt of the
report by the Clerk.
Page 8
Crimes Legislation Amendment (Penalty Notice Offences) Bill 2002
Amendment of Criminal Procedure Act 1986 Schedule 1
[2] Part 8 (as inserted by this Act)
Renumber as the last Part in Chapter 7 with appropriate Part and section
numbering.
[3] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Crimes Legislation Amendment (Penalty Notice Offences)
Act 2002
Page 9
Crimes Legislation Amendment (Penalty Notice Offences) Bill 2002
Schedule 2 Amendment of Crimes Act 1900
Schedule 2 Amendment of Crimes Act 1900
(Section 4)
Sections 353AC, 353AD and 353AE
Insert after section 353AB:
353AC Taking of finger-prints and palm-prints from persons issued
penalty notices
(1) A police officer who serves a penalty notice on a person under
the Criminal Procedure Act 1986 may require the person to
submit to having his or her finger-prints or palm-prints, or
both, taken and may, with the person's consent, take the
person's finger-prints or palm-prints, or both.
(2) A requirement under this section must not be made of a person
who is under the age of 18 years and any such person is not
required to comply with a requirement under this section.
(3) The Commissioner of Police must ensure that a finger-print or
palm-print taken under this section is destroyed on payment of
the penalty under the penalty notice.
353AD Taking of finger-prints and palm-prints from persons required to
attend court
(1) A police officer who serves a court attendance notice
personally on a person who is not in lawful custody for an
offence may require the person to submit to having his or her
finger-prints or palm-prints, or both, taken and may, with the
person's consent, take the person's finger-prints or palm-prints,
or both.
(2) A requirement under this section must not be made of a person
who is under the age of 18 years and any such person is not
required to comply with a requirement under this section.
Page 10
Crimes Legislation Amendment (Penalty Notice Offences) Bill 2002
Amendment of Crimes Act 1900 Schedule 2
353AE Safeguards for exercise of powers to obtain finger-prints and
palm-prints without arrest
(1) A police officer must, at the time of exercising a power to
require finger-prints or palm-prints, or both, to be taken under
section 353AC or 353AD, provide the person subject to the
exercise of the power with the following:
(a) evidence that the police officer is a police officer (unless
the police officer is in uniform),
(b) the name of the police officer and his or her place of
duty,
(c) the reason for the exercise of the power,
(d) a warning that, if the person fails to comply with the
requirement, the person may be arrested for the offence
concerned and that, while in custody, the person's
finger-prints and palm-prints may be taken without the
person's consent.
(2) If 2 or more police officers are exercising a power, only one
officer present is required to comply with this section.
(3) However, if a person asks another police officer present for
information as to the name of the police officer and his or her
place of duty, the police officer must give to the person the
information requested.
Page 11
Crimes Legislation Amendment (Penalty Notice Offences) Bill 2002
Schedule 3 Other amendments
Schedule 3 Other amendments
(Section 5)
3.1 Crimes (Forensic Procedures) Act 2000 No 59
Section 112 Relationship with certain provisions of Crimes Act 1900
Insert at the end of section 112 (c):
, or
(d) from a person in accordance with section 353AC or
353AD of the Crimes Act 1900,
3.2 Criminal Procedure Regulation 2000
[1] Part 3A
Insert after Part 3:
Part 3A Penalty notice offences
11A Penalty notice offences
(1) For the purposes of section 164 of the Act, each offence created
by a provision specified in Column 1 of Schedule 2 is
prescribed as a penalty notice offence.
(2) For the purposes of section 165 of the Act, the prescribed
penalty for any such offence is the amount specified in
Column 2 of Schedule 2 opposite the offence.
11B Limitation of areas in which penalty notices may be issued
The provisions of the Act relating to penalty notice offences
and penalty notices are to apply, for the period referred to in
clause 11C, only to offences dealt with in that period in the
Page 12
Crimes Legislation Amendment (Penalty Notice Offences) Bill 2002
Other amendments Schedule 3
areas of New South Wales covered by the following police
Local Area Commands:
(a) Albury,
(b) Bankstown,
(c) Blacktown,
(d) Brisbane Waters,
(e) City Central,
(f) Lake Illawarra,
(g) Lake Macquarie,
(h) Miranda,
(i) Parramatta,
(j) Penrith,
(k) The Rocks,
(l) Tuggerah Lakes.
11C Expiry of Part and Schedule 2
This Part and Schedule 2 expire at the end of the period of
12 months commencing on the day on which this clause
commences.
[2] Schedule 2
Insert after Schedule 1:
Schedule 2 Penalty notice offences
(Clause 11A)
Column 1 Column 2
Offence Amount of penalty
Crimes Act 1900
section 61 $400
section 117, where the value of the $300
property or amount does not exceed $300
Page 13
Crimes Legislation Amendment (Penalty Notice Offences) Bill 2002
Schedule 3 Other amendments
Column 1 Column 2
Offence Amount of penalty
section 527A $300
section 527C $350
Summary Offences Act 1988
section 4 (1) $200
section 4A (1) $150
section 6 $200
section 6A $250
3.3 Fines Act 1996 No 99
Schedule 1 Statutory provisions under which penalty notices
issued
Insert in alphabetical order:
Criminal Procedure Act 1986, section 161
Page 14
[Index] [Search] [Download] [Related Items] [Help]