2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mr Bill Stefaniak)

2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mr Bill Stefaniak)

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 2006.

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)).

This part amends the Crimes Act 1900.

• s 382 (Possession of knife in public place or school)

• s 382A (Possession of knife in licensed premises etc)

(1A) If a person is in, or in the vicinity of, licensed premises, a police officer may—

(a) conduct a frisk search or an ordinary search of the person; and

(b) seize any knife found as a result of the search.

subsection (1)

this section

(4) In this section:

licensed premises—see the Liquor Act 1975, dictionary.

section 382

section 382 or section 382A

section 382 (Possession of knife in public place or school)

section 382 (Possession of knife in public place or school) or section 382A (Possession of knife in licensed premises etc)

section 382

section 382 or section 382A

(1) A person commits an offence if the person, without reasonable excuse—

(a) is in a public place or school; and

(b) is in possession of a knife.

Maximum penalty: 100 penalty units, imprisonment for 2 years or both.

(1) A person commits an offence if the person—

(a) is in licensed premises; and

(b) is in possession of a knife.

Maximum penalty: 100 penalty units, imprisonment for 2 years or both.

(2) A person commits an offence if the person—

(a) is in the vicinity of licensed premises; and

(b) is in possession of a knife.

Maximum penalty: 100 penalty units, imprisonment for 2 years or both.

(3) This section does not apply to a person in possession of a knife in, or in the vicinity of, licensed premises if—

(a) the possession is necessary or reasonable for, or for a purpose incidental to, the lawful pursuit of the person’s occupation; or

(b) the possession is of a prescribed kind.

(4) In this section:

licensed premises—see the Liquor Act 1975, dictionary.

in the vicinity of, licensed premises—a person is in the vicinity of licensed premises if the person is within 200 metres of the premises.

This part amends the Prohibited Weapons Act 1996.

A note included in this Act is explanatory and is not part of this Act.

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

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

• s 5 (Possession or use of prohibited weapons)

• s 6 (Possession of prohibited articles)

• s 8 (Delivery to police by unauthorised holders).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

(1) A person commits an offence if the person—

(a) possesses or uses a prohibited weapon; and

(b) is not authorised by this Act to possess or use the weapon.

Maximum penalty: 100 penalty units, imprisonment for 2 years or both.

(2) In subsection (1):

use, a prohibited weapon, includes—

(a) fire or explode the weapon; and

(b) whether or not the weapon concerned is capable of being fired or exploded, cause a reasonable belief that it will be fired or exploded.

A person commits an offence if the person—

(a) uses a prohibited article; and

(b) is not authorised by this Act to possess or use the article.

Maximum penalty: 50 penalty units, imprisonment for 1 year or both.

(1) A person commits an offence if the person—

(a) comes into possession of a prohibited weapon or prohibited article, but is not authorised by or under this Act to possess the weapon or article; and

(b) does not, not later than 7 days after the day the person comes into possession of the weapon or article, deliver the weapon or article to—

(i) a person who is authorised by a permit to possess it; or

(ii) a police officer.

Maximum penalty: 50 penalty units, imprisonment for 1 year or both.

(2) A person commits an offence if the person—

(a) possesses a prohibited weapon or prohibited article and ceases to be authorised to possess the weapon or article; and

(b) does not, not later than 7 days after the day the person ceases to be authorised to possess the weapon or article, deliver the weapon or article to—

(i) a person who is authorised by a permit to possess it; or

(ii) a police officer.

Maximum penalty: 50 penalty units, imprisonment for 1 year or both.

(3) A person does not contravene any other provision of this Act just by delivering or surrendering anything in accordance with this section or by accepting its delivery.

Presentation speech made in the Legislative Assembly on 2006.

Notified under the Legislation Act on 2006.

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