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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Criminal Legislation Amendment
Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Acts 3
b2009-054-31.d08
New South Wales
Criminal Legislation Amendment
Bill 2009
No , 2009
A Bill for
An Act to make miscellaneous amendments to legislation relating to crimes, criminal
procedure and other matters.
Clause 1 Criminal Legislation Amendment Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Criminal Legislation Amendment Act 2009. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Criminal Legislation Amendment Bill 2009
Amendment of Acts Schedule 1
Schedule 1 Amendment of Acts 1
1.1 Child Protection (Offenders Registration) Act 2000 No 42 2
[1] Section 9B When new initial report must be made by person whose 3
previous reporting obligations have ceased 4
Omit "28 days" wherever occurring. Insert instead "7 days". 5
[2] Section 9B (4) 6
Omit "14 days". Insert instead "7 days". 7
[3] Schedule 2 Savings, transitional and other provisions 8
Insert after Part 5: 9
Part 6 Provisions consequent on enactment of 10
Criminal Legislation Amendment Act 2009 11
18 Initial report by person whose previous reporting obligations have 12
ceased 13
Section 9B, as amended by the Criminal Legislation Amendment 14
Act 2009, does not apply in respect of the following registrable 15
persons, and that section, as in force immediately before the 16
commencement of that amendment, continues to apply in respect 17
of any such person: 18
(a) a person referred to in section 9B (1) who was sentenced 19
for the registrable offence, or ceased to be in government 20
custody, (whichever is applicable) before that 21
commencement, 22
(b) a person referred to in section 9B (2) who became a 23
corresponding registrable person, or ceased to be in 24
government custody, (whichever is applicable) before that 25
commencement, 26
(c) a person referred to in section 9B (3), if the order under 27
section 16 ceased to have effect or the person ceased to be 28
in government custody (whichever is applicable) before 29
that commencement. 30
Page 3
Criminal Legislation Amendment Bill 2009
Schedule 1 Amendment of Acts
1.2 Confiscation of Proceeds of Crime Act 1989 No 90 1
Section 4 Definitions 2
Insert after paragraph (a) of the definition of drug trafficking offence in 3
section 4 (1): 4
(a1) section 23A (offences with respect to enhanced indoor 5
cultivation of prohibited plants in presence of children), 6
1.3 Crimes Act 1900 No 40 7
[1] Sections 66A (3) (i) and 66C (5) (i) 8
Insert at the end of sections 66A (3) (h) and 66C (5) (h): 9
, or 10
(i) the alleged offender breaks and enters into any 11
dwelling-house or other building with the intention of 12
committing the offence or any other serious indictable 13
offence. 14
[2] Schedule 11 Savings and transitional provisions 15
Insert at the end of the Schedule (with appropriate Part and clause numbers): 16
Part Criminal Legislation Amendment Act 2009 17
Application of amendments 18
An amendment made to this Act by the Criminal Legislation 19
Amendment Act 2009 applies only in respect of an offence 20
committed, or alleged to have been committed, on or after the 21
commencement of the amendment. 22
1.4 Crimes (Domestic and Personal Violence) Act 2007 No 80 23
[1] Section 13 Stalking or intimidation with intent to cause fear of physical 24
or mental harm 25
Insert after section 13 (4): 26
(5) A person who attempts to commit an offence against 27
subsection (1) is guilty of an offence against that subsection and 28
is punishable as if the offence attempted had been committed. 29
[2] Section 14 Offence of contravening apprehended violence order 30
Insert "or (9)" after "subsection (1)" wherever occurring in section 14 (8) (a) 31
and (b). 32
Page 4
Criminal Legislation Amendment Bill 2009
Amendment of Acts Schedule 1
[3] Section 14 (8) 1
Omit "that subsection" wherever occurring. Insert instead "either subsection". 2
[4] Section 14 (9) 3
Insert after section 14 (8): 4
(9) A person who attempts to commit an offence against 5
subsection (1) is guilty of an offence against that subsection and 6
is punishable as if the offence attempted had been committed. 7
1.5 Crimes (Sentencing Procedure) Act 1999 No 92 8
[1] Part 4 Sentencing procedures for imprisonment 9
Omit "--child under 10" from item 9B of the Table to Division 1A. 10
[2] Section 100I Constitution of New South Wales Sentencing Council 11
Omit "13 members" from section 100I (2). Insert instead "15 members". 12
[3] Section 100I (2) (c) 13
Omit "three". Insert instead "four". 14
[4] Section 100I (2) (i) 15
Insert at the end of section 100I (2) (h): 16
, and 17
(i) one is to have academic or research expertise or experience 18
of relevance to the functions of the Sentencing Council. 19
[5] Schedule 1A Provisions relating to membership and procedure of New 20
South Wales Sentencing Council 21
Omit "7 members" from clause 10. Insert instead "8 members". 22
1.6 Criminal Procedure Act 1986 No 209 23
Section 344A Further review by Ombudsman--Aboriginal and Torres 24
Strait Islander communities 25
Omit "31 May 2009" from section 344A (3). Insert instead "31 August 2009". 26
1.7 Inclosed Lands Protection Act 1901 No 33 27
[1] Section 2 Repeal 28
Omit the section. 29
Page 5
Criminal Legislation Amendment Bill 2009
Schedule 1 Amendment of Acts
[2] Section 9 Limitation of civil action 1
Omit "All actions and prosecutions". Insert instead "Any civil action". 2
[3] Section 9A 3
Insert after section 9: 4
9A Particulars to be furnished 5
(1) If a defendant charged with an offence under this Act: 6
(a) has requested the informant to furnish to the defendant 7
reasonable particulars of the behaviour or conduct the 8
subject of the charge, and 9
(b) the informant, or some person on his or her behalf, has not 10
so furnished those particulars, 11
the court before which the defendant is charged is to adjourn the 12
charge pending the furnishing of those particulars or may dismiss 13
the charge. 14
(2) If, at the hearing of a charge for an offence referred to in 15
subsection (1): 16
(a) the evidence discloses behaviour or conduct that 17
constitutes such an offence, and 18
(b) that behaviour or conduct is different from the behaviour 19
or conduct of which particulars have been given to the 20
defendant under subsection (1), 21
the court may, on the application of the defendant and if it is of 22
the opinion that the defendant was deceived by those particulars, 23
adjourn the hearing on such terms as it thinks fit. 24
[4] Schedule 1 25
Omit the Schedule to the Act. Insert instead: 26
Schedule 1 Savings, transitional and other 27
provisions 28
Part 1 General 29
1 Regulations 30
(1) The regulations may contain provisions of a savings or 31
transitional nature consequent on the enactment of the following 32
Acts: 33
Criminal Legislation Amendment Act 2009 34
Page 6
Criminal Legislation Amendment Bill 2009
Amendment of Acts Schedule 1
(2) Any such provision may, if the regulations so provide, take effect 1
from the date of assent to the Act concerned or a later date. 2
(3) To the extent to which any such provision takes effect from a date 3
that is earlier than the date of its publication on the NSW 4
legislation website, the provision does not operate so as: 5
(a) to affect, in a manner prejudicial to any person (other than 6
the State or an authority of the State), the rights of that 7
person existing before the date of its publication, or 8
(b) to impose liabilities on any person (other than the State or 9
an authority of the State) in respect of anything done or 10
omitted to be done before the date of its publication. 11
Part 2 Provisions consequent on enactment of 12
Criminal Legislation Amendment Act 2009 13
2 Definition 14
In this Part: 15
amending Act means the Criminal Legislation Amendment Act 16
2009. 17
3 Limitation period for prosecutions 18
Section 9, as amended by the amending Act, does not apply in 19
respect of an offence that is alleged to have been committed 20
before the commencement of that amendment, and that section, 21
as in force immediately before that commencement, continues to 22
apply in respect of any such offence. 23
4 Particulars to be furnished 24
Section 9A, as inserted by the amending Act, does not apply in 25
respect of an offence alleged to have been committed before the 26
commencement of that section. 27
1.8 Law Enforcement (Powers and Responsibilities) Act 2002 28
No 103 29
[1] Sections 20 (b), 35 (b) and 42 (3) (b) 30
Omit "section 545E" wherever occurring. Insert instead "section 93FB". 31
Page 7
Criminal Legislation Amendment Bill 2009
Schedule 1 Amendment of Acts
[2] Section 87A Definitions 1
Omit the definition of licensed premises from section 87A (1). Insert instead: 2
licensed premises means premises licensed or required to be 3
licensed under the Liquor Act 2007 for the sale or supply of 4
liquor. 5
[3] Section 87A (1), definition of "liquor" 6
Omit "Liquor Act 1982". Insert instead "Liquor Act 2007". 7
[4] Section 87B Emergency prohibition on sale or supply of liquor 8
Omit the note to section 87B (2). 9
[5] Section 198 Directions relating to dispersal of groups of intoxicated 10
persons in public places 11
Omit section 198 (5). Insert instead: 12
(5) For the purposes of this section, a person is intoxicated if: 13
(a) the person's speech, balance, co-ordination or behaviour is 14
noticeably affected, and 15
(b) it is reasonable in the circumstances to believe that the 16
affected speech, balance, co-ordination or behaviour is the 17
result of the consumption of alcohol or any drug. 18
[6] Schedule 1 Acts not affected by this Act 19
Omit "Liquor Act 1982 No 147". Insert instead "Liquor Act 2007 No 90". 20
1.9 Mental Health (Forensic Provisions) Act 1990 No 10 21
Section 37 Explanation to jury 22
Omit "a recommendation" from section 37 (b). Insert instead "an order". 23
Page 8
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