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Electricity Supply Amendment (Offences) Bill 2007 No , 2007 A Bill for An Act to amend the Electricity Supply Act 1995 and the Criminal Procedure Act 1986 with respect to the theft of electricity and unlawful entering, climbing or being on electricity works; and for other purposes.
Clause 1 Electricity Supply Amendment (Offences) Bill 2007 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Electricity Supply Amendment (Offences) Act 2007. 3 2 Commencement 4 This Act commences on the date of assent to this Act. 5 3 Amendment of Electricity Supply Act 1995 No 94 6 The Electricity Supply Act 1995 is amended as set out in Schedule 1. 7 4 Amendment of 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1986 No 209 8 The Criminal Procedure Act 1986 is amended as set out in Schedule 2. 9 5 Repeal of Act 10 (1) This Act is repealed on the day following the day on which this Act 11 commences. 12 (2) The repeal of this Act does not, because of the operation of section 30 13 of the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
Electricity Supply Amendment (Offences) Bill 2007 Amendment of Electricity Supply Act 1995 Schedule 1 Schedule 1 Amendment of Electricity Supply Act 1 1995 2 (Section 3) 3 [1] Section 64 Theft of electricity 4 Omit the penalty provision at the end of the section. Insert instead: 5 Maximum penalty: 6 (a) in the case of a corporation--2,000 penalty units, or 7 (b) in any other case--100 penalty units or 5 years 8 imprisonment (or both). 9 [2] Section 64 (2)(4) 10 Insert at the end of section 64 (after the penalty provision): 11 (2) An offence under this section that is committed by an individual 12 is an indictable offence. 13 (3) Chapter 5 of the Criminal Procedure Act 1986 (which relates to 14 the summary disposal of certain indictable offences unless an 15 election is made to proceed on indictment) applies to and in 16 respect of an indictable offence under this section. 17 (4) Section 102 does not apply to an indictable offence under this 18 section. 19 Note. Offences by corporations are to be dealt with summarily (see 20 section 102 (1) and (2)). 21 [3] Section 65A 22 Insert after section 65: 23 65A Entering, climbing or being on electricity works 24 (1) A person must not enter, climb or be on a network operator's or 25 retail supplier's electricity works unless authorised to do so by 26 the network operator or retail supplier concerned. 27 Maximum penalty: 10 penalty units or 3 months imprisonment 28 (or both). 29 (2) A person is not guilty of an offence under this section if the 30 person establishes that he or she had a reasonable excuse for 31 entering, climbing or being on the electricity works or entered, 32 climbed or was on the electricity works for a lawful purpose. 33 Page 3
Electricity Supply Amendment (Offences) Bill 2007 Schedule 2 Amendment of Criminal Procedure Act 1986 Schedule 2 Amendment of Criminal Procedure Act 1 1986 2 (Section 4) 3 Schedule 1 Indictable offences triable summarily 4 Insert after item 19 of Part 4 of Table 1 (Indictable offences that are to be dealt 5 with summarily unless prosecutor or person charged elects otherwise): 6 19A Electricity Supply Act 1995 7 An offence under section 64 of the Electricity Supply Act 1995 8 committed by an individual. 9 Page 4
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