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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 141
Criminal
Code Amendment (Criminal Damage) Bill 2010
Ms
Lawrie
A Bill for an Act to amend the Criminal Code
NORTHERN TERRITORY OF AUSTRALIA
CRIMINAL CODE AMENDMENT (CRIMINAL DAMAGE) ACT 2010
____________________
Act No. [ ] of 2010
____________________
Table of provisions
Division 6 Criminal damage
Subdivision 1 Interpretation
238 Definitions
239 Person to whom property belongs
240 Causing damage or other result
Subdivision 2 Offences
241 Damage to property
242 Sabotage
243 Arson
244 Bushfires
245 Leaving explosive substance at a place
246 Endangering operation of aircraft
247 Obstructing runways
Subdivision 3 Circumstances in which there is no criminal responsibility
248 Consent
249 Claim
of right
Part
IX Transitional
matters for the Criminal Code Amendment (Criminal Damage) Act 2010
205 Transitional
matters for Criminal Code Amendment (Criminal Damage) Act
2010
Division
4 Transitional matters
for the Criminal Code Amendment (Criminal Damage) Act 2010
132 Transitional
matters for Criminal Code Amendment (Criminal Damage) Act
2010
Part
17 Transitional
matters for the Criminal Code Amendment (Criminal Damage) Act 2010
226 Transitional
matters for Criminal Code Amendment (Criminal Damage) Act
2010
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2010
____________________
An Act to amend the Criminal Code
[Assented to [ ] 2010]
[Second reading [ ] 2010]
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 (Criminal Damage) Act 2010.
This Act commences on the day fixed by the Administrator by Gazette notice.
Part
2 Amendment of Criminal
Code
3 Act
amended
This Part amends the Criminal Code.
(1) Section 1, definition property, before "means"
insert
, except for Part VII, Division 6,
(2) Section 1
insert (in alphabetical order)
belongs, for Part VII, Division 6, see section 239.
causes, for Part VII, Division 6, see section 240.
damage, for Part VII, Division 6, see section 238.
property, for Part VII, Division 6, see section 238.
property damage offence, for Part VII, Division 6, see section 238.
5 Part VII, Division 6 replaced
Part VII, Division 6
repeal, insert
In this Division:
belongs, in relation to property, see section 239.
causes, in relation to damage or other result, see section 240.
damage, to property, includes:
(a) destroying the property; and
(b) causing the physical loss of the property by interfering with the property (including by removing any restraint over the property or abandoning the property); and
(c) causing any loss of a use or function of the property by interfering with the property; and
(d) defacing the property, and
(e) for a document – obliterating or rendering illegible the whole or any part of the document; and
(f) for an animal – harming or killing the animal; and
(g) for a plant or other thing forming part of land – severing it from the land.
property:
(a) means any real or personal property of a tangible nature; and
(b) without limiting paragraph (a), includes:
(i) a wild creature that is tamed or ordinarily kept in captivity or that is or is being reduced into the possession of a person; and
(ii) any organ or part of a human body and any blood, ova, semen or other substance extracted from the human body.
property damage offence means:
(a) an offence against Subdivision 2 (other than an offence against section 242); or
(b) conduct in a State or another Territory that:
(i) is an offence against a law of that State or Territory; and
(ii) would constitute an offence against Subdivision 2 (other than an offence against section 242) if the conduct occurred in the Territory.
239 Person to whom property belongs
(1) For this Division, property belongs to anyone who has:
(a) possession or control of it; or
(b) any proprietary right or interest in it, other than an equitable interest arising only from:
(i) an agreement to transfer or grant an interest; or
(ii) a constructive trust.
(2) If property is subject to a trust, the person to whom the property belongs includes anyone having a right to enforce the trust.
(3) If property belongs to 2 or more persons:
(a) a reference in this Division to a person to whom the property belongs is a reference to all those persons; and
(b) for an offence committed by a person (the defendant) – a reference in this Division to property belonging to another person includes a reference to property belonging to the defendant and other persons.
240 Causing damage or other result
For this Division, a person causes damage or any other result if the person's conduct substantially contributes to the damage or other result.
(1) A person is guilty of a crime if the person causes damage to property belonging to another person.
Fault elements:
The person:
(a) intentionally causes damage to property belonging to that other person or someone else; or
(b) is reckless as to causing damage to property belonging to that other person or someone else.
Maximum penalty: Imprisonment for 14 years.
(2) A person is guilty of a crime if the person makes a threat to another person to cause damage to property.
Fault elements:
The person:
(a) intentionally makes a threat to another person to cause damage to property; and
(b) is reckless as to causing the other person to fear that:
(i) the threat will be carried out; and
(ii) the carrying out of the threat will cause death or serious harm to someone.
Maximum penalty: Imprisonment for 7 years.
(3) A person is guilty of an offence if the person makes a threat to another person to cause damage to property belonging to that other person or someone else.
Fault elements:
The person:
(a) intentionally makes a threat to another person to cause damage to property belonging to that other person or someone else; and
(b) intends to cause the other person to fear that the threat will be carried out.
Maximum penalty: Imprisonment for 2 years.
(4) For subsections (2) and (3):
(a) it is not necessary to prove that the threatened person actually feared that the threat would be carried out; and
(b) a threat may be made by any conduct, and may be explicit or implicit and may be conditional or unconditional; and
(c) a threat to a person includes a threat to a group of persons; and
(d) fear that a threat will be carried out includes apprehension that the threat will be carried out.
(5) A person is guilty of an offence if the person possesses a thing for use by that person or someone else to cause damage to property belonging to another person.
Fault element:
The person intends that the person or someone else will use the thing to cause damage to property belonging to another person.
Maximum penalty: Imprisonment for 2 years.
(1) A person is guilty of a crime if the person:
(a) commits a property damage offence; and
(b) causes damage to a public facility in committing the property damage offence.
Fault elements:
The person:
(a) has the fault elements for a particular property damage offence; and
(b) in committing the property damage offence, intends to cause:
(i) major disruption to government functions; or
(ii) major disruption to the use of services by the public; or
(iii) major economic loss.
Maximum penalty: Imprisonment for life.
(2) A person who is convicted of the offence of attempting to commit a crime against subsection (1) is punishable by imprisonment not exceeding 14 years.
Note for subsection (2)
For the offence of attempting to commit the crime, see section 43BF.
(3) A person is guilty of a crime if the person makes a threat to another person to damage a public facility.
Fault elements:
The person:
(a) intentionally makes a threat to another person to damage a public facility; and
(b) intends to cause the other person to fear that the threat will be carried out and will cause:
(i) major disruption to government functions; or
(ii) major disruption to the use of services by the public; or
(iii) major economic loss.
Maximum penalty: Imprisonment for 15 years.
(4) For subsection (3):
(a) it is not necessary to prove that the threatened person actually feared that the threat would be carried out; and
(b) a threat may be made by any conduct, and may be explicit or implicit and conditional or unconditional; and
(c) a threat to a person includes a threat to a group of persons; and
(d) fear that a threat will be carried out includes apprehension that the threat will be carried out.
(5) In this section:
damage to a public facility means:
(a) causing damage to a public facility or any part of the facility; or
(b) causing disruption to the use or operation of a public facility.
public facility means any of the following (whether publicly or privately owned):
(a) government facilities, including premises used by government employees in connection with official duties;
(b) public infrastructure facilities, including facilities providing water, sewerage, energy, fuel, communication or other services to the public;
(c) public information systems, including systems used to generate, send, receive, store or otherwise process electronic communications;
(d) public transport facilities, including facilities used to transport people or goods;
(e) public places, including any premises, land or water open to the public.
(1) A person is guilty of a crime if the person causes damage to a building or conveyance by using fire or an explosive substance.
Fault elements:
The person:
(a) intentionally uses fire or an explosive substance; and
(b) intentionally causes, or is reckless as to causing, damage to a building or conveyance.
Maximum penalty: Imprisonment for life.
(2) A person who is convicted of the offence of attempting to commit a crime against subsection (1) is punishable by imprisonment not exceeding 14 years.
Note for subsection (2)
For the offence of attempting to commit the crime, see section 43BF.
(3) A person is guilty of a crime if the person makes a threat to another person to use fire or an explosive substance to cause damage to a building or conveyance.
Fault elements:
The person:
(a) intentionally makes a threat to another person to use fire or an explosive substance to cause damage to a building or conveyance; and
(b) intends to cause, or is reckless as to causing, another person to fear that the threat will be carried out.
Maximum penalty: Imprisonment for 7 years.
(4) For subsection (3):
(a) it is not necessary to prove that the threatened person actually feared that the threat would be carried out; and
(b) a threat may be made by any conduct, and may be explicit or implicit and may be conditional or unconditional; and
(c) a threat to a person includes a threat to a group of persons; and
(d) fear that a threat will be carried out includes apprehension that the threat will be carried out.
(5) In this section:
building includes:
(a) a part of a building; and
(b) all or part of any other structure or thing (whether or not moveable) that is used, designed or adapted for residential purposes (for example, a caravan).
conveyance means an aircraft, vessel, train, motor vehicle or trailer attached to a motor vehicle.
(1) A person is guilty of a crime if:
(a) the person causes a fire; and
(b) there is a substantial risk that:
(i) the fire would spread to vegetation on property belonging to another person; and
(ii) the person would not be able to stop the spreading of the fire.
Fault elements:
The person:
(a) intentionally causes the fire or is reckless as to causing the fire; and
(b) is reckless as to the risk.
Maximum penalty: Imprisonment for 15 years.
(2) Subsection (1) does not apply to a person who caused a fire for the purposes of fire management or land management (or both):
(a) in accordance with a law in force in the Territory (including, for example, the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth), the Bushfires Act and the Fire and Emergency Act); or
(b) in accordance with an agreement entered into by the Territory.
Example for subsection (2)(a)
A person who caused a fire in the course of carrying out fire management activities such as hazard reduction activities under the Fire and Emergency Act.
Example for subsection (2)(b)
A person who caused a fire in the course of carrying out fire management and land management activities under an agreement between the Territory and a private company established for the reduction of greenhouse gas emissions.
(3) For this section, a person causes a fire if the person:
(a) lights a fire; or
(b) maintains a fire.
245 Leaving explosive substance at a place
A person is guilty of an offence if:
(a) the person leaves an explosive substance at a place; and
(b) there is a substantial risk that the explosive substance would cause damage to property belonging to another person.
Fault elements:
The person:
(a) intentionally leaves an explosive substance at a place; and
(b) is reckless as to the risk.
Maximum penalty: Imprisonment for 2 years.
246 Endangering operation of aircraft
(1) A person is guilty of a crime if the person engages in conduct that results in a substantial risk of endangering the safe operation of an aircraft.
Fault elements:
The person:
(a) intentionally engages in the conduct; and
(b) is reckless as to the result.
Maximum penalty: Imprisonment for life.
(2) A person who is convicted of the offence of attempting to commit a crime against subsection (1) is punishable by imprisonment not exceeding 14 years.
Note for subsection (2)
For the offence of attempting to commit the crime, see section 43BF.
A person is guilty of a crime if the person obstructs any aircraft in its passage on a runway.
Fault element:
The person intentionally obstructs, or is reckless as to obstructing, any aircraft in its passage on a runway.
Maximum penalty: Imprisonment for 5 years.
Subdivision 3 Circumstances in which there is no criminal responsibility
A person (the defendant) is not criminally responsible for an offence against this Division that involves damage to property (other than section 242) if, at the time of the conduct constituting the offence:
(a) the person entitled to consent to the damage to the property concerned had so consented; or
(b) the defendant believed that:
(i) the person whom the defendant believed was entitled to consent to the damage of the property concerned had so consented; or
(ii) such a person would have so consented if that person had known about the damage to be caused to the property and its circumstances.
Note for section 248
Part IIAA, Division 3, provides for other circumstances in which there is no criminal liability.
(1) A person is not criminally responsible for an offence against this Division (other than section 242) if, at the time of the conduct constituting the offence, the person believed:
(a) that the person had a right or interest in the property concerned; and
(b) the right or interest authorised the person to engage in the conduct.
(2) For this section, a right or interest in property includes a right or privilege in or over land or waters, whether created by a grant, licence or otherwise.
Note for section 249
Part IIAA, Division 3, provides for other circumstances in which there is no criminal liability.
6 Amendment of Schedule 1 (Provisions of Code to which Part IIAA applies)
Schedule 1
omit
Section 240A (Causing bushfires)
insert
Part VII (Property offences and related matters), Division 6 (Criminal damage)
Part
3 Consequential
amendments
7 Justices
Act amended
(1) This section amends the Justices Act.
(2) Section 121A(1)(b)(ii)
omit
, 240, 241, 243, 245, 246, 247, 251 or 252
insert
and 241
(3) At the end of the Act
insert
Part IX Transitional matters for the Criminal Code Amendment (Criminal Damage) Act 2010
205 Transitional matters for Criminal Code Amendment (Criminal Damage) Act 2010
The amendment made to section 121A by the Criminal Code Amendment (Criminal Damage) Act 2010 does not affect the operation of this Act, on and after the commencement of the amendment, to an offence:
(a) mentioned in section 121A(1)(b)(ii) as in force immediately before the commencement of the amendment; and
(b) was committed or is alleged to have been committed before the commencement of the amendment.
(1) This section amends the Sentencing Act.
(2) Section 3, definition aggravated property offence, paragraph (d)
omit, insert
(d) an offence against section 241 of the Criminal Code;
(3) After section 131
insert
Division 4 Transitional matters for the Criminal Code Amendment (Criminal Damage) Act 2010
132 Transitional matters for Criminal Code Amendment (Criminal Damage) Act 2010
The amendment made to section 3 by the Criminal Code Amendment (Criminal Damage) Act 2010 does not affect the operation of this Act, on and after the commencement of the amendment, to an offence:
(a) mentioned in section 3, definition aggravated property offence, paragraph (d), as in force immediately before the commencement of the amendment; and
(b) was committed or is alleged to have been committed before the commencement of the amendment.
(1) This section amends the Youth Justice Act.
(2) After section 225
insert
Part 17 Transitional matters for the Criminal Code Amendment (Criminal Damage) Act 2010
226 Transitional matters for Criminal Code Amendment (Criminal Damage) Act 2010
The amendment made to regulation 3 of the Youth Justice Regulations by the Criminal Code Amendment (Criminal Damage) Act 2010 does not affect the operation of this Act, on and after the commencement of the amendment, to an offence:
(a) mentioned in regulation 3(a) of the Youth Justice Regulations as in force immediately before the commencement of the amendment; and
(b) was committed or is alleged to have been committed before the commencement of the amendment.
10 Youth Justice Regulations amended
(1) This section amends the Youth Justice Regulations.
(2) Regulation 3(a)
omit
239, 241, 242, 244, 246, 247 or 252
insert
243 or 246
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