2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mr Greg Cornwell)

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

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

This Act is the Crimes Amendment Act 2003.

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)).

(1) A person commits an offence if—

(a) the person sells a spray paint can; and

(b) the person to whom the spray paint can is sold is a child.

Maximum penalty: 10 penalty units.

(2) Absolute liability applies to subsection (1) (b).

(3) An employer commits an offence if an employee of the employer sells a spray paint can to a child.

Maximum penalty: 10 penalty units.

(4) An offence against subsection (3) is an absolute liability offence.

(5) Without limiting subsection (4), it does not matter that the spray paint can is sold without the employer’s authority or contrary to the employer’s orders or instructions.

(6) It is a defence to a prosecution for an offence against subsection (3) in relation to the sale of a spray paint can to a child if the employer proves that the employer—

(a) had no knowledge of the sale; and

(b) could not, by the exercise of appropriate diligence, have prevented the sale.

(7) An employer may be prosecuted for, and convicted of, an offence against subsection (3) in relation to the sale of a spray paint can by an employee to a child whether or not the employee has been prosecuted for, or convicted of, an offence against subsection (1) in relation to the sale.

(8) The regulations may provide that this section does not apply in relation to a stated kind of spray paint can.

(9) In this section:

spray paint can means a spray can that contains spray paint.

(1) The provisions set out in the Crimes Amendment Act 2003, schedule 1 are taken, on the commencement of this section, to be regulations made under the Magistrates Court Act 1930, section 258 (Power to make rules or regulations).

(2) To remove any doubt and without limiting subsection (1), the provisions set out in the Crimes Amendment Act 2003, schedule 1 may be amended or repealed as if they had been made as regulations by the Executive under the Magistrates Court Act 1930, section 258.

(3) To remove any doubt, the regulations mentioned in subsection (1) are taken to have commenced on the day this section commences.

(4) Subsections (1), (2) and (3) are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

(5) This section expires on the day it commences.

This Act expires on the day after it commences.

These regulations are the Magistrates Court (Crimes Infringement Notices) Regulations 2003.

The purpose of these regulations is to provide for infringement notices under the Magistrates Court Act 1930, part 8 for certain offences against the Crimes Act.

Note The Magistrates Court Act 1930, pt 8 creates a system of infringement notices for offences against various Acts. The infringement notice system is intended to provide an alternative to prosecution.

A note included in these regulations is explanatory and is not part of these regulations.

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

In these regulations:

Crimes Act means the Crimes Act 1900.

The administering authority for an infringement notice offence against the Crimes Act is the chief police officer.

The Magistrates Court Act 1930, part 8 applies to an offence against a provision of the Crimes Act mentioned in schedule 1, column 2.

(1) The penalty payable by an individual for an offence against the Crimes Act, under an infringement notice for the offence, is the amount mentioned in schedule 1, column 4 for the offence.

(2) The penalty payable by a corporation for an offence against the Crimes Act, under an infringement notice for the offence, is 5 times the amount mentioned in schedule 1, column 4 for the offence.

(3) The cost of serving a reminder notice for an infringement notice offence against the Crimes Act is $34.

(1) An infringement notice served on a company by an authorised person for an infringement notice offence against the Crimes Act must include the company’s ACN.

Note The requirement under this regulation is additional to the requirement under the Magistrates Court Act 1930, s 121 (1) (c).

(2) In this regulation:

company means a company registered under the Corporations Act.

An infringement notice served on a person by an authorised person who is a police officer for an infringement notice offence against the Crimes Act must identify the authorised person by the authorised person’s service number as a police officer.

A reminder notice served on a person by an authorised person who is a police officer for an infringement notice offence against the Crimes Act must identify the authorised person by the authorised person’s service number as a police officer.

A police officer may serve—

(a) an infringement notice for an infringement notice offence against the Crimes Act; and

(b) a reminder notice for an infringement notice offence against the Crimes Act.

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