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This is a Bill, not an Act. For current law, see the Acts databases.
2020
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2020
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Crimes Legislation Amendment Bill 2020
A Bill for
An Act to amend legislation about crimes, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Crimes Legislation Amendment Act 2020
.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the following legislation:
•
•
•
•
.
Part 2 Confiscation of Criminal Assets Act 2003
4 Making of exclusion
orders—ordinary offences
Section 76 (1) (a)
after
applied for
insert
under section 26 (Restraining orders over other property—application)
after
(but not forfeited)
insert
under an order under section 31 (Restraining orders over other property—making)
6 Making of exclusion
orders—serious offences
Section 77 (1) (a)
after
applied for
insert
under section 26 (Restraining orders over other property—application)
after
(but not forfeited)
insert
under an order under section 31 (Restraining orders over other
property—making)
Part 3 Crimes (Sentence Administration) Act 2005
8 Corrections officers to report breach
of intensive correction order obligations
Section 59 (2)
substitute
(2) The corrections officer must report the belief to—
(a) the board; or
(b) if the belief is that the offender was convicted or found guilty of an offence mentioned in section 65 (1) by a court other than an ACT court—the sentencing court.
9 Arrest without warrant—breach of
intensive correction order obligations
Section 60 (3) and (4)
substitute
(3) A police officer who arrests an offender under this section must, as soon as practicable, bring the offender before—
(a) the board; or
(b) if section 65 would apply because of the breach—the sentencing court.
(4) However, if the board or sentencing court is not sitting, the police officer must, as soon as practicable, bring the offender before a magistrate for a decision in relation to bail until the offender can be brought before the board or sentencing court.
Note For remanding or granting bail to the offender, see the Bail Act 1992
.
10 Arrest warrant—breach of
intensive correction order obligations
Section 61 (2) (d)
after
the board
insert
or sentencing court
substitute
(3) A police officer who arrests the offender under the warrant must, as soon as practicable, bring the offender before—
(a) the board; or
(b) if section 65 would apply because of the breach—the sentencing court.
(4) However, if the board or sentencing court is not sitting, the police officer must, as soon as practicable, bring the offender before a magistrate for a decision in relation to bail until the offender can be brought before the board or sentencing court.
Note For remanding or granting bail to the offender, see the Bail Act 1992
.
12 Board inquiry—breach of
intensive correction order obligations
Section 62 (3), note
substitute
Note Section 65 requires a court to cancel the offender’s intensive correction order in certain circumstances.
13 Board powers—breach of
intensive correction order obligations
Section 64 (2) (c),
note
substitute
Note Section 65 requires a court to cancel the offender’s intensive correction order in certain circumstances and s 66 requires the board to cancel the order if the offender withdraws consent.
14 Cancellation of intensive correction
order on further conviction etc
New section 65 (2A) and (2B)
insert
(2A) If the offender is convicted or found guilty of an offence mentioned in subsection (1) by the Supreme Court and the intensive correction order was made by the Magistrates Court, the Supreme Court is taken to be the sentencing court for this section.
(2B) If the offender is convicted or found guilty of an offence mentioned in subsection (1) by the Magistrates Court and the intensive correction order was made or amended by the Supreme Court—
(a) the Supreme Court is taken to be the sentencing court for this section; and
(b) the Magistrates Court—
(i) must, in addition to dealing with the offender for the offence mentioned in subsection (1), commit the offender to the Supreme Court to be dealt with in accordance with subsection (2); and
(ii) may remand the offender in custody until the offender can be brought before the Supreme Court.
Note For remanding or granting bail to the offender, see the Bail Act 1992
.
insert
(6) If the offender is convicted or found guilty of an offence mentioned in
subsection (1) by a court other than an ACT court, the board must refer the
offender to the sentencing court as soon practicable after becoming aware of the
conviction or finding of guilt.
16 Serious
vilification
Section 750 (2), definition of threatening act,
paragraph (a)
omit
(vi)
substitute
(vii)
Part 5 Magistrates Court Act 1930
17 Institution of
appeal
Section 209 (1)
substitute
(1) An appeal must be instituted by the appellant filing a notice of appeal in the office of the registrar of the Supreme Court—
(a) for an appeal mentioned in section 208 (1) (b)—within 28 days after the sentence or penalty is imposed in relation to the conviction, or within any further time the Supreme Court allows; and
(b) for any other appeal—within 28 days after the order or decision is made, or the sentence or penalty is imposed, or within any further time the Supreme Court allows.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 3 December 2020.
2 Notification
Notified under the
on 2020.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2020
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