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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
CRIMINAL CODE (MISCELLANEOUS
AMENDMENTS) BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Schedule 1 amended (Criminal Code)
[Bill 71]-III
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CRIMINAL CODE (MISCELLANEOUS
AMENDMENTS) BILL 2003
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Criminal Code Act 1924
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Criminal Code
(Miscellaneous Amendments) Act 2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Criminal Code Act 1924* is referred to
as the Principal Act.
*No. 69 of 1924
[Bill 71] 3
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Amendments)
Schedule 1 amended (Criminal Code)
4. Schedule 1 to the Principal Act is amended as follows:
(a) by inserting the following definition after the
definition of "criminally responsible" in section
1:
"Crown" means -
(a) the Crown in right of
Tasmania; or
(b) the State of Tasmania;
(b) by inserting the following section after section
162:
Failing to report the killing of a person
162A. (1) In this section, "proper
authority" means any of the following:
(a) a police officer;
(b) a correctional officer within the
meaning of the Corrections Act
1997;
(c) a probation officer within the
meaning of the Corrections Act
1997;
(d) a Crown Law Officer.
(2) A person is guilty of a crime if he or
she -
(a) discovers that another person has
been killed; and
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Amendments)
(b) fails without reasonable excuse to
report that discovery to a proper
authority as soon as practicable.
Charge: Failing to report the killing of a
person.
(3) A person is guilty of a crime if he or
she -
(a) discovers that another person is
being subjected to conduct that, if
repeated or continued, is
reasonably likely to result in that
other person being killed; and
(b) fails without reasonable excuse to
report that discovery to a proper
authority as soon as practicable.
Charge: Failing to report the impending
killing of a person.
(4) A person is guilty of a crime if he or
she -
(a) discovers that the killing of
another person is being planned;
and
(b) fails without reasonable excuse to
report that discovery to a proper
authority as soon as practicable.
Charge: Failing to report the planned
killing of a person.
(5) Without limiting the matters that
may constitute a reasonable excuse for the
purposes of subsection (2), (3) or (4), a person
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s. 4 No. Criminal Code (Miscellaneous 2003
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is excused from reporting a discovery to a
proper authority under this section if -
(a) the person knows or reasonably
suspects that -
(i) another person has already
reported the discovery to a
proper authority; or
(ii) a proper authority has
already made the same
discovery; or
(b) reporting the discovery would
disclose information that is
privileged on the ground of legal
professional privilege.
(c) by omitting section 361A and substituting the
following section:
Argument before jury is sworn
361A. (1) After an accused person has been
called upon to plead as provided in section
351(1), all or any of the following may occur
before a jury is sworn if the court thinks fit:
(a) the accused person may make
admissions under section 184 of
the Evidence Act 2001;
(b) the court may determine any
question of law or procedure that
has arisen or is expected to arise
in the trial;
(c) the court may determine any
question of fact that may lawfully
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2003 Criminal Code (Miscellaneous No. s. 4
Amendments)
be determined by a judge alone
without a jury;
(d) the court may determine any other
question that it considers
necessary or convenient to
determine in order to ensure that
the trial will be conducted fairly
and expeditiously;
(e) the court may give such directions
as it thinks fit in order to resolve
any issue or matter that it
considers necessary or convenient
to resolve before a jury is sworn.
(2) If -
(a) an admission, determination or
direction is made or given under
subsection (1); and
(b) a new trial of the indictment is
had at the same or any future
sittings of the court, whether
before the same or a different
judge -
the admission, determination or direction has
the same status for the purposes of the new
trial as if it had been made or given, between
the arraignment of the accused and the
empanelment of the jury, during that new
trial.
(d) by inserting in Appendix A after
Severing with intent to steal.
the following item:
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s. 4 No. Criminal Code (Miscellaneous 2003
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Robbery.
(e) by omitting Appendix C and substituting the
following Appendix:
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APPENDIX C - FORMS OF INDICTMENT
FORM
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Government Printer, Tasmania 11