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This is a Bill, not an Act. For current law, see the Acts databases.
Crimes Legislation Amendment
(Possession of Knives in Public)
Bill 2009
No , 2009
A Bill for
An Act to amend the Summary Offences Act 1988 and the Law Enforcement (Powers
and Responsibilities) Act 2002 to increase the maximum penalty for certain offences
relating to the possession of knives and other dangerous implements in public places
and schools.
Clause 1 Crimes Legislation Amendment (Possession of Knives in Public) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes Legislation Amendment (Possession of Knives in 3
Public) Act 2009. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Crimes Legislation Amendment (Possession of Knives in Public) Bill 2009
Amendment of Summary Offences Act 1988 No 25 Schedule 1
Schedule 1 Amendment of Summary Offences Act 1
1988 No 25 2
[1] Section 11C Custody of knife in public place or school 3
Omit the maximum penalty from section 11C (1). Insert instead: 4
Maximum penalty: 20 penalty units or imprisonment for 2 years, 5
or both. 6
[2] Section 11C (4) and (5) 7
Omit the subsections. 8
[3] Section 29A Penalty notices: custody of knives in public place or school 9
Omit "as referred to in section 11C (4) and (5)" from section 29A (6). 10
[4] Section 29A (7) and (8) 11
Insert after section 29A (6): 12
(7) For the purposes of subsection (6), a person is taken to have been 13
dealt with previously for a knife-related offence if the person: 14
(a) has been issued with a notice under this section in respect 15
of the offence and the person has paid the amount specified 16
in the notice or the amount specified in any process issued 17
subsequent to such a notice, or 18
(b) has been convicted of the offence, or 19
(c) has been charged with the offence and the court hearing the 20
charge has made an order in relation to the offence under 21
section 10 of the Crimes (Sentencing Procedure) Act 1999. 22
(8) In this section, knife-related offence means: 23
(a) an offence under section 11B, 11C or 11E, or 24
(b) any other offence that is punishable on conviction by 25
imprisonment for 2 years or more if a knife was used in the 26
commission of the offence, or 27
(c) an offence under a law of the Commonwealth or of another 28
State or of a Territory that is punishable on conviction by 29
imprisonment for 2 years or more if a knife was used in the 30
commission of the offence. 31
Page 3
Crimes Legislation Amendment (Possession of Knives in Public) Bill 2009
Schedule 2 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002
No 103
Schedule 2 Amendment of Law Enforcement 1
(Powers and Responsibilities) Act 2002 2
No 103 3
Section 27 Failure to comply with requests relating to search and 4
dangerous implements 5
Omit "5 penalty units". Insert instead "50 penalty units". 6
Page 4
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