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This is a Bill, not an Act. For current law, see the Acts databases.
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
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.
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.
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;
After section 188
insert
(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.
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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