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This is a Bill, not an Act. For current law, see the Acts databases.


CRIMINAL CODE AMENDMENT (ASSAULTS ON WORKERS) BILL 2012

Serial 11
Criminal Code Amendment (Assaults on Workers) Bill 2012
Mr Elferink






A Bill for an Act to amend the Criminal Code and make related and consequential amendments to other Acts











NORTHERN TERRITORY OF AUSTRALIA

CRIMINAL CODE AMENDMENT (ASSAULTS ON WORKERS) ACT 2012

____________________

Act No. [ ] of 2012

____________________

Table of provisions

188A Assaults on workers



bill_text00.jpg
NORTHERN TERRITORY OF AUSTRALIA

____________________

Act No. [ ] of 2012

____________________

An Act to amend the Criminal Code and make related and consequential amendments to other Acts

[Assented to [ ] 2012]

[Second reading [ ] 2012]

The Legislative Assembly of the Northern Territory enacts as follows:

Part 1 Preliminary matters
1 Short title

This Act may be cited as the Criminal Code Amendment (Assaults on Workers) Act 2012.

2 Commencement

This Act commences on the day fixed by the Administrator by Gazette notice.

Part 2 Amendment of Criminal Code
3 Criminal Code amended

This Part amends the Criminal Code.

4 Section 188 amended

Section 188(2)(f) and (fa)

omit, insert

(f) is assisting a public sector employee in carrying out the public sector employee's duties;

(fa) is assisting a justice of the peace in carrying out the justice's functions;

5 Section 188A inserted

After section 188

insert

188A Assaults on workers

(1) A person who unlawfully assaults a worker who is working in the performance of his or her duties is guilty of a crime.

(2) The maximum penalty for the offence is as follows:

(a) if the victim suffers harm:

(i) if the person is found guilty on indictment – imprisonment for 7 years; or

(ii) if the person is found guilty summarily – imprisonment for 3 years;

(b) if the victim does not suffer harm:

(i) if the person is found guilty on indictment – imprisonment for 5 years; or

(ii) if the person is found guilty summarily – imprisonment for 2 years.

(3) A person is a worker for this section if he or she carries out employment related activities (work) in any lawful capacity, including work as any of the following:

(a) an employee;

(b) a contractor or subcontractor;

(c) an apprentice or trainee;

(d) a student gaining work experience;

(e) a volunteer;

(f) a self-employed person;

(g) a person appointed under a law in force in the Territory to carry out functions or to hold an office.

(4) However, a police officer is not a worker for this section.

Note for subsection (4)

Section 189A applies to assaults on police officers.

Part 3 Other laws amended
6 Other laws amended

The Schedule amends the laws mentioned in it.

Schedule Other laws amended

section 6

Provision
Amendment

omit
insert
Bail Act
section 8(1)(aa)(ii), after "188"

, 188A, 189A
Justices Act
section 131A(1), after "188(2)"

, 188A

 


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