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Amendment Bill 1998
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
to clarify provisions relating to evidence of self-induced intoxication,
( b ) to allow certain officers of a court to extend the period during which an
interim apprehended violence order made by the court remains in force
with the consent of the parties.
( c ) to extend the power of a Judge to prohibit publication of matters
relating to certain criminal proceedings.
( d ) to apply certain procedural provisions in the Crimes Act I900 to all
offences. no matter what court they are tried in,
( e ) to make it clear that a person can be arrested for and charged with an
offence of being in possession of child pornography before the
material concerned is classified.
to abolish any common law rule preventing a husband and wife from
(f) being found guilty of conspiracy together,
to make it clear that in criminal proceedings where a child is a party,
(g) members of the immediate family of a deceased victim are entitled to
be present during those proceedings,
to make further provision with respect to the circumstances in which a
(h) coroner is required to refer a matter to the Director of Public
Prosecutions,
to make further provision with respect to appeals against sentences that
(i)
may be instituted by the Attorney General or the Director of Public
Prosecutions.
to ensure that provisions similar to those dealing with the period
(j)
during which a person is either in custody, or at liberty on bail.
pending an appeal to the Court of Criminal Appeal apply in relation to
appeals to the High Court from decisions of the Court of Criminal
Appeal.
to allow funds in the Confiscated Proceeds Account to be spent in aid
(k) of crime prevention programs and programs supporting safer
communities.
to allow certain indictable offences to be dealt with summarily and to
(l)
make further provision with respect to the summary disposal of
indictable offences.
to make clear the functions of the Director of Public Prosecutions in
(m) respect of appeals relating to apprehended violence orders,
to clarify the power of the Children's Court to order the forfeiture.
(n) return or other disposal of firearms or prohibited weapons,
to remove the discretion of a Justice hearing committal proceedings to
(o) exclude certain evidence relating to admissions.
to make further provision with respect to warnings given to children by
(p) investigating officials.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the
Crimes Act 1900 set out in Schedule 1.
Explanatory note page 2
Clause 4 is a formal provision giving effect to the amendments to other Acts
set out in Schedule 2.
Clause 5 provides that explanatory notes do not form part of the proposed
Act.
Schedule 1 sets out the amendments to the Crimes Act 1900.
Schedule 2 amends the following Acts:
Children (Criminal Proceedings) Act 1987
Coroners Act 1980
Criminal Appeal Act 1912
Criminal Assets Recovery Act 1990
Criminal Procedure Act 1986
Director of Public Prosecutions Act 1986
Drug Misuse and Trafficking Act 1985
Firearms Act 1996
Justices Act 1902
Prohibited Weapons Act 1989
Weapons Prohibition Act 1998
Young Offenders Act 1997
The amendments to each Act are explained in detail in the explanatory note
relating to the Act concerned set out in Schedules I and 2.
Explanatory note page 3