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


CRIMES AMENDMENT BILL 2006

2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Mr Bill Stefaniak)

Crimes Amendment Bill 2006





Contents

Page















2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Mr Bill Stefaniak)

Crimes Amendment Bill 2006





A Bill for

An Act to amend the Crimes Act 1900, and for other purposes













The Legislative Assembly for the Australian Capital Territory enacts as follows:



Part 1 Preliminary

1 Name of Act

This Act is the Crimes Amendment Act 2006.

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).



Part 2 Crimes Act 1900

3 Legislation amended—pt 2

This part amends the Crimes Act 1900.

4 Offences against Act—application of Criminal Code etc

Section 7A, note 1, new dot points

insert

• s 382 (Possession of knife in public place or school)

• s 382A (Possession of knife in licensed premises etc)

5 Power to conduct search of person for knife

New section 193 (1A)

insert

(1A) If a person is in, or in the vicinity of, licensed premises, a police officer may—

(a) conduct a frisk search or an ordinary search of the person; and

(b) seize any knife found as a result of the search.

6 Section 193 (2) and (3)

omit

subsection (1)

substitute

this section

7 New section 193 (4)

insert

(4) In this section:

licensed premises—see the Liquor Act 1975, dictionary.

8 Return of seized knife or thing

Section 244 (1) (a) and (b)

omit

section 382

substitute

section 382 or section 382A

9 Forfeiture of knife

Section 248 (1)

omit

section 382 (Possession of knife in public place or school)

substitute

section 382 (Possession of knife in public place or school) or section 382A (Possession of knife in licensed premises etc)

10 Section 248 (3) (a)

omit

section 382

substitute

section 382 or section 382A

11 Possession of knife in public place or school

Section 382 (1)

substitute

(1) A person commits an offence if the person, without reasonable excuse—

(a) is in a public place or school; and

(b) is in possession of a knife.

Maximum penalty: 100 penalty units, imprisonment for 2 years or both.

12 New section 382A

insert

382A Possession of knife in licensed premises etc

(1) A person commits an offence if the person—

(a) is in licensed premises; and

(b) is in possession of a knife.

Maximum penalty: 100 penalty units, imprisonment for 2 years or both.

(2) A person commits an offence if the person—

(a) is in the vicinity of licensed premises; and

(b) is in possession of a knife.

Maximum penalty: 100 penalty units, imprisonment for 2 years or both.

(3) This section does not apply to a person in possession of a knife in, or in the vicinity of, licensed premises if—

(a) the possession is necessary or reasonable for, or for a purpose incidental to, the lawful pursuit of the person’s occupation; or

(b) the possession is of a prescribed kind.

(4) In this section:

licensed premises—see the Liquor Act 1975, dictionary.

13 Dictionary, new definition of in the vicinity of

insert

in the vicinity of, licensed premises—a person is in the vicinity of licensed premises if the person is within 200 metres of the premises.



Part 3 Prohibited Weapons Act 1996

14 Legislation amended—pt 3

This part amends the Prohibited Weapons Act 1996.

15 New sections 3A and 3B

insert

3A Notes

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

3B Offences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

• s 5 (Possession or use of prohibited weapons)

• s 6 (Possession of prohibited articles)

• s 8 (Delivery to police by unauthorised holders).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

16 Sections 5 and 6

substitute

5 Possession or use of prohibited weapons

(1) A person commits an offence if the person—

(a) possesses or uses a prohibited weapon; and

(b) is not authorised by this Act to possess or use the weapon.

Maximum penalty: 100 penalty units, imprisonment for 2 years or both.

(2) In subsection (1):

use, a prohibited weapon, includes—

(a) fire or explode the weapon; and

(b) whether or not the weapon concerned is capable of being fired or exploded, cause a reasonable belief that it will be fired or exploded.

6 Possession of prohibited articles

A person commits an offence if the person—

(a) uses a prohibited article; and

(b) is not authorised by this Act to possess or use the article.

Maximum penalty: 50 penalty units, imprisonment for 1 year or both.

17 Section 8

substitute

8 Delivery to police by unauthorised holders

(1) A person commits an offence if the person—

(a) comes into possession of a prohibited weapon or prohibited article, but is not authorised by or under this Act to possess the weapon or article; and

(b) does not, not later than 7 days after the day the person comes into possession of the weapon or article, deliver the weapon or article to—

(i) a person who is authorised by a permit to possess it; or

(ii) a police officer.

Maximum penalty: 50 penalty units, imprisonment for 1 year or both.

(2) A person commits an offence if the person—

(a) possesses a prohibited weapon or prohibited article and ceases to be authorised to possess the weapon or article; and

(b) does not, not later than 7 days after the day the person ceases to be authorised to possess the weapon or article, deliver the weapon or article to—

(i) a person who is authorised by a permit to possess it; or

(ii) a police officer.

Maximum penalty: 50 penalty units, imprisonment for 1 year or both.

(3) A person does not contravene any other provision of this Act just by delivering or surrendering anything in accordance with this section or by accepting its delivery.

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 2006.

2 Notification

Notified under the Legislation Act on 2006.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.

















































© Australian Capital Territory 2006

 


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