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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes Amendment (Prosecution of Certain
Offences) Bill 2023
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Crimes Act 1900 No 40 3
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, , 2023
New South Wales
Crimes Amendment (Prosecution of Certain
Offences) Bill 2023
Act No , 2023
An Act to amend the Crimes Act 1900 in relation to the prosecution of certain offences.
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.
Crimes Amendment (Prosecution of Certain Offences) Bill 2023 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Crimes Amendment (Prosecution of Certain Offences) Act 2023.
2 Commencement
(1) Subject to subsection (2), this Act commences on a day or days to be appointed by
proclamation.
(2) Schedule 1[2] commences 2 years after the commencement of Schedule 1[1].
Page 2
Crimes Amendment (Prosecution of Certain Offences) Bill 2023 [NSW]
Schedule 1 Amendment of Crimes Act 1900 No 40
Schedule 1 Amendment of Crimes Act 1900 No 40
[1] Section 93Z Offence of publicly threatening or inciting violence on grounds of race,
religion, sexual orientation, gender identity or intersex or HIV/AIDS status
Omit section 93Z(4). Insert instead--
(4) A prosecution for an offence against this section may be commenced only
by--
(a) the Director of Public Prosecutions, or
(b) a police officer.
[2] Section 93Z(4)
Insert after section 93Z(3)--
(4) A prosecution for an offence against this section is not to be commenced
without the approval of the Director of Public Prosecutions.
[3] Schedule 11 Savings, transitional and other provisions
Insert at the end of the schedule, with appropriate part and clause numbering--
Part Provisions consequent on enactment of Crimes
Amendment (Prosecution of Certain Offences) Act
2023
Application of amendment
An amendment made to this Act by the Crimes Amendment (Prosecution of
Certain Offences) Act 2023 applies in relation to proceedings for an offence
against section 93Z commenced on or after the commencement of the
amendment, regardless of whether the offence was committed, or alleged to
have been committed, before or after the commencement.
Review of amendment of section 93Z
(1) The Minister must review the effect of the amendment of section 93Z made by
the Crimes Amendment (Prosecution of Certain Offences) Act 2023 to
determine whether the policy objectives of the amendment remain
appropriate.
(2) A report on the outcome of the review must be tabled in each House of
Parliament within 12 months after the commencement of this clause.
Page 3
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