Crimes Act 1900 CRIMES (GENERAL) REGULATION 2000 - Made under the Crimes Act 1900 - As at 10 February 2003 - Reg 434 of 2000 TABLE OF PROVISIONS TABLE OF PROVISIONS 1. Name of Regulation 2. Commencement 3. Interpretation 4. Forms for records concerning domestic violence and child assault 5. Forms for complaints and orders concerning apprehended violence 6. Concealment of offences by certain persons 7. Short descriptions of certain offences 8. Savings provision SCHEDULE 1 SCHEDULE 2 CRIMES (GENERAL) REGULATION 2000 - REG 1 Name of Regulation 1 Name of Regulation This Regulation is the Crimes (General) Regulation 2000. CRIMES (GENERAL) REGULATION 2000 - REG 2 Commencement 2 Commencement This Regulation commences on 1 September 2000. Note: This Regulation replaces the Crimes (General) Regulation 1995 which is repealed on 1 September 2000 under section 10 (2) of the Subordinate Legislation Act 1989. CRIMES (GENERAL) REGULATION 2000 - REG 3 Interpretation 3 Interpretation (1) In this Regulation: "the Act" means the Crimes Act 1900. (2) In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 1. (3) The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation. CRIMES (GENERAL) REGULATION 2000 - REG 4 Forms for records concerning domestic violence and child assault 4 Forms for records concerning domestic violence and child assault The forms referred to in the Table to this clause are prescribed for the purposes of the provisions of the Act so referred to. Table ______________________________________ |______________________________________| |______________________________________| |______________________________________| CRIMES (GENERAL) REGULATION 2000 - REG 5 Forms for complaints and orders concerning apprehended violence 5 Forms for complaints and orders concerning apprehended violence For the purposes of Part 15A of the Act: (a) a complaint for an order may be made in a form approved by the Minister, and (b) an application to vary or revoke an order may be made in a form approved by the Minister, (c) a telephone interim order made under section 562H of the Act may be in a form approved by the Minister, and (d) a court may make an order in a form approved by the Minister. CRIMES (GENERAL) REGULATION 2000 - REG 6 Concealment of offences by certain persons 6 Concealment of offences by certain persons For the purposes of section 316 (4) of the Act, the following professions, callings or vocations are prescribed: (a) a legal practitioner, (b) a medical practitioner, (c) a psychologist, (d) a nurse, (e) a social worker, including: (i) a support worker for victims of crime, and (ii) a counsellor who treats persons for emotional or psychological conditions suffered by them, (f) a member of the clergy of any church or religious denomination, (g) a researcher for professional or academic purposes, (h) if the serious indictable offence referred to in section 316 (1) of the Act is an offence under section 60E of the Act, a school teacher, including a principal of a school. CRIMES (GENERAL) REGULATION 2000 - REG 7 Short descriptions of certain offences 7 Short descriptions of certain offences (1) For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision of the Act specified in Column 1 of Schedule 2 is: (a) the text set out in relation to the offence in Column 2 of that Schedule, or (b) if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence. (2) If the reference to a provision in Column 1 of Schedule 2 is qualified by words that restrict its operation to specified kinds of offence or to offences committed in specified circumstances, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or is committed in the circumstances so specified. (3) For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 2, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed. (4) The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used. (5) Subclause (4) applies to any information, complaint, summons warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal. CRIMES (GENERAL) REGULATION 2000 - REG 8 Savings provision 8 Savings provision Any act, matter or thing that, immediately before the repeal of the Crimes (General) Regulation 1995, had effect under that Regulation continues to have effect under this Regulation. CRIMES (GENERAL) REGULATION 2000 - SCHEDULE 1 SCHEDULE 1 – Forms (Clause 4) Form 1 - Record of complaint requesting the issue of a warrant to enter a dwelling-house to investigate a suspected domestic violence offence Record of complaint requesting the issue of a warrant to enter a dwelling-house to investigate a suspected domestic violence offence Crimes Act 1900 (Section 357G (7)) I, the undersigned Magistrate, received a complaint (details overleaf) in person*/by telephone* (which was transmitted by ofPolice Station)* fromofPolice Station (hereinafter called the complainant) alleging that the complainant had been denied entry to a dwelling-house at in which the complainant suspects or believes a domestic violence offence has been committed*/is being committed*/is imminent*/is likely to be committed* making it necessary to immediately enter the dwelling-house to investigate*/ take action* and for which purpose the complainant requests I issue my warrant authorising such entry. And being satisfied there were reasonable grounds for that suspicion or belief (give details): on[date] ata.m.*/p.m.* I granted my warrant authorising the complainant to enter the abovementioned dwelling-house pursuant to section 357G of the Crimes Act 1900, (subject to the following additional terms)*: Magistrate. * Delete if inapplicable Record of complaint requesting the issue of a warrant to enter a dwelling-house to investigate a suspected domestic violence offence Details of incident 1 Names of persons involved (if known): 2 Location of incident (full address or description of dwelling-house): 3 Name of civilian informant and relationship (if any) to aggrieved person: 4 It is suspected that the offence of (a domestic violence offence) has been committed*/is being committed*/is imminent*/is likely to be committed* in the dwelling-house. 5 Other information obtained by investigating police: (a) Personal observations by police (e.g. noise from the house etc): (b) Resident’s or neighbour’s information: (c) Other information: 6 Was the investigating police officer denied entry to the dwelling-house? yes*/ no*. 7 Details of denial of entry (including anything said or done): 8 The complainant requests the grant of a warrant believing it is necessary to immediately enter the dwelling-house: to investigate whether a domestic violence offence: (a) has been committed* (b) is being committed* or to take action: (c) to prevent the commission of a domestic violence offence* (d) to prevent the further commission of a domestic violence offence*. * Delete if inapplicable Form 2 Part 1 Record of grant of a warrant to enter a dwelling-house to investigate a suspected domestic violence offence Crimes Act 1900 (Section 357G (12)) On[date] ata.m.*/p.m.*Magistrate, being satisfied there were reasonable grounds for doing so, granted a warrant authorisingofPolice Station (hereinafter called the complainant) to enter the dwelling-house at after receiving a complaint that: 1 The complainant had been denied entry to the dwelling-house. 2 The complainant suspects or believes: (a) a domestic violence offence has recently been committed* is being committed* is imminent* is likely to be committed* in the dwelling-house, and (b) it is necessary to immediately enter the dwelling-house to investigate or take action in relation to the complaint. And the warrant was granted subject to the following additional terms:* Signature of complainant (Police Officer) * Delete if inapplicable Part 2 Important information for residents 1 A warrant has been granted by a Magistrate authorising the police to enter your home to investigate the matter referred to in paragraph 2 (a) above relating to a domestic violence offence. 2 If necessary, the police may use reasonable force to enter your home and any person attempting to prevent the police from entering could be prosecuted for that as a criminal offence. 3 The police are authorised by the warrant to remain in your home only as long as is reasonably necessary for them to do the following things: (a) to investigate whether a domestic violence offence has been committed, (b) to prevent a domestic violence offence from being committed, (c) to arrest a person for a domestic violence offence, (d) to assist any person who is injured. CRIMES (GENERAL) REGULATION 2000 - SCHEDULE 2 SCHEDULE 2 – Short descriptions of offences (Clause 7) _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| |Section 58—assault person with |assault with intent to commit felony | |_____________________________________________________________________________| |Section 58—assault, resist or |assault/resist/wilfully obstruct | |wilfully obstruct any officer while in|officer | |_____________________________________________________________________________| |Section 58—assault, resist or | | |wilfully obstruct any person acting in|assault/resist/wilfully obstruct | |the aid of an officer in execution of |person aiding officer | |_____________________________________________________________________________| |Section 58—assault person with | | |intent to resist or prevent the lawful|assault to resist/prevent arrest/ | |apprehension or detainer of any person|detention | |_____________________________________________________________________________| |Section 59—assault person |assault occasioning actual bodily harm| |_____________________________________________________________________________| |Section 61—assault person not |common assault | |_____________________________________________________________________________| |_____________________________________________________________________________| |Section 125—fraudulently take |bailee fraudulently take property to | |property or part of property held as |own use | |_____________________________________________________________________________| |Section 125—fraudulently take | | |property or part of property held as |bailee fraudulently take property to | |bailee to the use of person other than|other’s use | |_____________________________________________________________________________| |Section 125—fraudulently take | | |property or part of property for which|bailee fraudulently take converted/ | |property held as bailee has been |exchanged property to own use | |_____________________________________________________________________________| |Section 125—fraudulently take | | |property or part of property for which|bailee fraudulently take converted/ | |property held as bailee has been |exchanged property to other’s use | |converted or exchanged to use of | | |_____________________________________________________________________________| |Section 125—fraudulently convert |bailee fraudulently convert property | |property or part of property held as |to own use | |_____________________________________________________________________________| |Section 125—fraudulently convert | | |property or part of property held as |bailee fraudulently convert property | |bailee to use of person other than |to other’s use | |_____________________________________________________________________________| |Section 125—fraudulently convert | | |property or part of property for which|bailee fraudulently take converted/ | |property held as bailee has been |exchanged property to own use | |_____________________________________________________________________________| |Section 125—fraudulently convert | | |property or part of property for which|bailee fraudulently take converted/ | |property held as bailee has been |exchanged property to other’s use | |converted or exchanged to use of | | |_____________________________________________________________________________| |_____________________________________________________________________________| |Section 126—wilfully kill any cattle| | |with intent to steal the carcass, or |kill cattle with intent to steal | |skin, or other part, of the cattle so |carcass/skin/part of cattle | |_____________________________________________________________________________| |Section 134—steal the whole or any |steal whole/part valuable security | |_____________________________________________________________________________| |Section 134—embezzle the whole or |embezzle whole/part valuable security | |_____________________________________________________________________________| |Section 134—destroy the whole or any| | |part of any valuable security for any |destroy whole/part valuable security | |_____________________________________________________________________________| |Section 134—cancel the whole or any | | |part of any valuable security for any |cancel whole/part valuable security | |_____________________________________________________________________________| |Section 134—obliterate the whole or |obliterate whole/part valuable | |any part of any valuable security for |security | |_____________________________________________________________________________| |Section 134—conceal the whole or any| | |part of any valuable security for any |conceal whole/part valuable security | |_____________________________________________________________________________| |Section 148—steal any property in a |steal in dwelling house | |_____________________________________________________________________________| |Section 154A (1) (a)—take and drive | | |a conveyance without the consent of |take and drive conveyance | |the owner or person in lawful | | |_____________________________________________________________________________| |Section 154A (1) (a)—take a | | |conveyance without the consent of the |take conveyance for purposes of | |owner or person in lawful possession |driving | |of the conveyance for the purpose of | | |_____________________________________________________________________________| |Section 154A (1) (a)—take a | | |conveyance without the consent of the |take conveyance for purpose of | |owner or person in lawful possession |secreting it | |of the conveyance for the purpose of | | |_____________________________________________________________________________| |Section 154A (1) (a)—take a | | |conveyance without the consent of the | | |owner or person in lawful possession |take conveyance for reward for actual/| |of the conveyance for the purpose of |pretended restoration | |obtaining a reward for its restoration| | |_____________________________________________________________________________| |Section 154A (1) (a)—take a | | |conveyance without the consent of the | | |owner or person in lawful possession | | |of the conveyance for a fraudulent |take conveyance for fraudulent purpose| |purpose (other than the purpose of | | |driving, secreting or of obtaining a | | |reward for the conveyance’s | | |_____________________________________________________________________________| |Section 154A (1) (b)—drive a | | |conveyance knowing that it has been | | |taken without the consent of the owner|knowingly drive stolen conveyance | |or person in lawful possession of the | | |_____________________________________________________________________________| |Section 154A (1) (b)—allow oneself | | |to be carried in or on a conveyance |knowingly be carried in/on stolen | |knowing that it has been taken without|conveyance | |the consent of the owner or person in | | |_____________________________________________________________________________| |Section 156—being a clerk or | | |servant, steal any property belonging |steal property of master/employer | |_____________________________________________________________________________| |Section 156—being a clerk or |steal property in possession of | |servant, steal any property in the |master/employer | |_____________________________________________________________________________| |Section 156—being a clerk or |steal property in power of master/ | |servant, steal any property in the |employer | |_____________________________________________________________________________| |Section 156—being a clerk or | | |servant, steal any property into which|steal property out of converted/ | |property belonging to master or |exchanged property of master/employer | |servant has been converted or | | |_____________________________________________________________________________| |Section 156—being a clerk or | | |servant, steal any property into which|steal property out of converted/ | |property in possession of master or |exchanged property master/employer | |employer has been converted or |possessed | |_____________________________________________________________________________| |Section 156—being a clerk or | | |servant, steal any property into which|steal property out of converted/ | |property in power of master or |exchanged property in power of master/| |employer has been converted or |employer | |_____________________________________________________________________________| |Section 157—being a clerk or | | |servant, fraudulently embezzle whole | | |or part of property delivered to, or |embezzlement by clerk/servant | |received or taken into possession by, | | |clerk or servant for, in the name or | | |_____________________________________________________________________________| |Section 158—being a clerk or | | |servant, destroy, alter or mutilate |destroy/alter/mutilate book/paper/ | |any book, paper, writing, valuable |writing/valuable security/account | |security or account of employer with | | |_____________________________________________________________________________| |Section 158—being a clerk or | | |servant, falsify any book, paper, |falsify book/paper/writing/valuable | |writing, valuable security or account |security/account | |_____________________________________________________________________________| |Section 158—being a clerk or | | |servant, make or concur in making a |make/concur in making false entry in | |false entry in any book, writing or |book/writing/account | |account of employer with intent to | | |_____________________________________________________________________________| |Section 158—being a clerk or | | |servant, omit or alter, or concur in |omit/alter/concur in omitting/altering| |omitting or altering, material |material particular of book/writing/ | |particular of book, writing or account|account | |_____________________________________________________________________________| |Section 178A—fraudulently | | |misappropriate for own use money or | | |valuable security collected or |fraudulently misappropriate money/ | |received and required to be delivered |valuable security | |to, or accounted for or paid to other | | |_____________________________________________________________________________| |Section 178A—fraudulently omit to | | |account for money or valuable security|fraudulently omit to account for | |collected or received and required to |money/valuable security | |be delivered to, or accounted for or | | |_____________________________________________________________________________| |Section 178B—obtain chattel, money | | |or valuable security by passing any |obtain chattel/money/valuable security| |cheque that is not paid on |by passing valueless cheque | |_____________________________________________________________________________| |Section 178BA—dishonestly obtain any|obtain money/valuable thing/financial | |money, valuable thing or financial |advantage by deception | |_____________________________________________________________________________| |Section 178BB—make or publish, or | | |concur in making or publishing, false |obtain money/valuable security/ | |or misleading statement with intent to|financial advantage by false/ | |obtain any money, valuable thing or |misleading statement | |_____________________________________________________________________________| |Section 178C—obtain credit by false |obtain credit by false pretence/false | |pretence or false promise when |promise | |_____________________________________________________________________________| |Section 178C—obtain credit by fraud |obtain credit by fraud | |_____________________________________________________________________________| |Section 179—obtain property by false|obtain property by false promise | |_____________________________________________________________________________| |Section 179—obtain property by false|obtain property by false pretence | |_____________________________________________________________________________| |Section 188—knowing that property is| | |stolen, receive, dispose of or attempt|receive/dispose of stolen property | |to dispose of property where the | | |_____________________________________________________________________________| |Section 189A—knowing that property | | |is stolen, without lawful excuse |receive/dispose of/attempt to dispose | |receive, dispose of, or attempt to |of/possess property stolen outside NSW| |dispose of, or have possession of, | | |_____________________________________________________________________________| |Section 195 (a)—maliciously destroy | | |or damage property belonging to |maliciously destroy/damage property | |another person otherwise than by means| | |_____________________________________________________________________________| |Section 195 (a)—maliciously destroy | | |or damage property belonging to the |maliciously destroy/damage partly | |person and another person otherwise |owned property | |_____________________________________________________________________________| |Section 353B—carrying razor, razor | | |blade or other cutting weapon when | | |apprehended for any crime or offence |carry cutting weapon | |or immediately before being | | |_____________________________________________________________________________| |Section 527A—obtain or attempt to |obtain money/valuable thing/benefit by| |obtain money, valuable thing or |wilful false representation | |_____________________________________________________________________________| |Section 527C (1) (a)—have any thing |unlawfully obtained goods (personal | |in custody which may be reasonably |custody) | |_____________________________________________________________________________| |Section 527C (1) (b)—have any thing | | |in the custody of another person which|unlawfully obtained goods (in | |may be reasonably suspected of being |another’s custody) | |_____________________________________________________________________________| |Section 527C (1) (c)—have any thing,| | |in or on premises, which may be |unlawfully obtained goods (in/on | |reasonably suspected of being |premises) | |_____________________________________________________________________________| |Section 527C (1) (d)—give custody of| | |any thing which may be reasonably |give unlawfully obtained goods to | |suspected of being unlawfully obtained|person not entitled | |_____________________________________________________________________________| |Section 546C—resist or hinder, or |resist police/hinder police/incite | |incite another to assault, resist or |another to assault/resist/hinder | |hinder, a member of the police force |police | |_____________________________________________________________________________| |Section 547B—knowingly falsely | | |represent to police that an act has | | |been, or will be, done or an event has|falsely represent to police act/event | |occurred or will occur, being an act |calling for investigation | |or event that calls for police | | |_____________________________________________________________________________| |Section 547C—being in or near a | | |building without reasonable cause with|peep/pry | |intent to peep or pry on another | | |_____________________________________________________________________________| CRIMES (GENERAL) REGULATION 2000 - NOTES Historical notes The following abbreviations are used in the Historical notes: _____________________________________________________________ |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| Table of amending instrumentsCrimes (General) Regulation 2000 published in Gazette No 103 of 11.8.2000, p 7497 and amended as follows: Crimes (General) Amendment (School Protection) Regulation 2003 (GG No 39 of 7.2.2003, p 769) Table of amendments _________________ |_________________|