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CLAUSE NOTES
Crimes (Miscellaneous Amendments) Bill 2016
Part 1 – Preliminary
Clause 1: Short title of the Bill.
Clause 2: The Act commences on Royal Assent.
Part 2 – Criminal Code Act 1924 amended
Clause 3: Principal Act in relation to Part 2 is the Criminal Code Act 1924.
Clause 4: Amends Schedule 1 of the Criminal Code Act 1924 by:
(a) Repealing subsection 185(2) to remove the requirement
for a magistrate to conduct committal proceedings in
relation to rape cases.
(b) Making a consequential amendment to section 248(c)
related to paragraph (c) below.
(c) Repealing section 248(d).
(d) Amending section 371 to allow the Crown to make a
closing statement to the jury in proper cases irrespective of
whether an accused person is represented by defence
counsel.
(e) Repealing section 385(1) to remove the requirement for
the accused person to be asked by the court whether he
or she has anything to say as to why sentence should not
be passed on him or her.
(f) Making a consequential amendment to section 385(2)
related to paragraph (e) above.
(g) Amending Appendix A to include the crimes of carjacking
and aggravated carjacking to the list of crimes where a
police officer may arrest without a warrant.
Part 3 – Criminal Justice (Mental Impairment) Act 1999 amended
Clause 5: Principal Act in relation to Part 3 is the Criminal Justice (Mental
Impairment) Act 1999.
Clause 6: Amends section 3 by inserting a definition of “controlling
authority”.
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Clause 7: Repeals section 17(b).
Clause 8: Amends section 18 to clarify that a treatment order made under
the Principal Act is a treatment order under the Mental Health
Act 2013 whether made before or after the commencement of
the Act.
Clause 9: Amends section 21 to clarify that a treatment order made under
the Principal Act is a treatment order under the Mental Health
Act 2013 whether made before or after the commencement of
the Act.
Clause 10: Repeals section 21A of the Principal Act, which is a consequential
amendment to clause 14; and inserts a new Part 3A – Breach of
Conditions of Release.
New section 21A(1) provides the procedure if it appears that a
person has breached a condition of release made under section
18(2)(e) or Section 21(1)(e) of the Principal Act.
New section 21A(2) provides the list of persons authorised to
make an application under new section 21A(1).
New section 21A(3) required notice to be given to the
defendant.
New section 21A(4) provides that a warrant may be issued for
the arrest of a defendant who fails to appear at the hearing of an
application or where there have been reasonable efforts to give
notice but without success.
New section 21A(5) provides if the defendant is found guilty of
an offence punishable by imprisonment while on an order under
section 18(2)(e) or section 21(1)(e), an authorised person may
make an oral application under new section 21A(1) and provide
written grounds if directed to the defendant.
New section 21A(6) provides that in circumstances where an
oral application is made under new section 21A(5), a court that
did not impose the original order may either deal with the
application or adjourn to the court that imposed the original
conditions and grant the defendant bail or remand the defendant
in custody.
New section 21A(7) provides that if a court is satisfied that
conditions have been breached they may either:
a) Confirm the original conditions; or
b) Impose new conditions; or
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c) Cancel the order and deal with the defendant in any
manner under section 18(2) or section 21(1).
New section 21A(8) provides that the court must take into
account the extent the defendant has complied with the original
conditions prior to the breach.
Clause 11: Amends section 31 of the Principal Act to provide that a
defendant may be taken to an approved hospital or a secure
mental health unit where the transfer is deemed necessary for
adequate treatment or protection of the defendant or another
person.
Inserts section 31(5A) to provide that custody and escort
provisions under the Mental Health Act 2013 apply to transfers
under the section.
Clause 12: Amends section 35 of the Principal Act to allow the court to
have regard a report by an expert, who does not have to be a
medical practitioner.
Clause 13: Inserts new section 35A to allow the court to make an interim
order.
Clause 14: Inserts Part 4, Division 7A – Referral of forensic orders, new
section 36A to clarify the circumstances in which a magistrate
may refer the making of a forensic order to the Supreme Court
for determination.
Part 4 – Sentencing Act 1997 amended
Clause 15: Principal Act for Part 4 is the Sentencing Act 1997.
Clause 16: Amends section 81A to allow victims and family members of
victims in matters involving family violence, death or serious injury
to provide victim impact statements in relation to summary
matters.
Part 5 – Repeal of Act
Clause 17: Provides that this Act is repealed a year after it commences.
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