Australian Capital Territory Numbered Acts

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CRIMINAL CODE (THEFT, FRAUD, BRIBERY AND RELATED OFFENCES) AMENDMENT ACT 2004 (NO. 15 OF 2004) - SCHEDULE 3

Schedule 3     Other consequential amendments

(see s 3)

Part 3.1     Bail Act 1992

[3.1]     Section 9D (1), example

substitute

Example

Claude is served with a summons to attend the Magistrates Court to answer a charge that he has committed the offence of taking a motor vehicle without consent (punishable by 5 years imprisonment under the Criminal Code, section 318 (1), and so a serious offence for this section). Before the court date, Claude is arrested and charged with having committed an aggravated robbery the day after being served with the summons (punishable by 25 years imprisonment under the Criminal Code, section 310, and so also a serious offence for this section). At the time of the alleged aggravated robbery, the charge of taking a motor vehicle without consent was still pending. This section will apply to any decision about the grant of bail to Claude in relation to the aggravated robbery charge.

[3.2]     Section 9G (3), example 1

omit

armed robbery

substitute

aggravated robbery

[3.3]     Schedule 1, part 1.1, items about armed robbery and aggravated burglary

omit

[3.4]     Schedule 1, new part 1.1A

insert

Part 1.1A     Offences against Criminal Code

column 1

item

column 2

provision

column 3

description of offence

1

310

aggravated robbery

2

312

aggravated burglary

[3.5]     Schedule 1

renumber parts when Act next republished under Legislation Act

Part 3.2     Crimes Act 1900

[3.6]     Section 7A, note 1, 4th dot point

omit

[3.7]     Divisions 6.1 and 6.2 etc

omit

              •     division 6.1, 6.2 and 6.4

              •     sections 149 and 150

              •     sections 153 to 156

[3.8]     Section 181 (b)

omit

section 92 or 94

substitute

the Criminal Code, section 310 (Aggravated robbery) or section 312 (Aggravated burglary)

[3.9]     Section 220 (4), definition of relevant summary offence

substitute

"relevant summary offence" means an offence against—

        (a)     section 380 (Possession of offensive weapons and disabling substances); or

        (b)     section 381 (Possession of offensive weapons and disabling substances with intent); or

        (c)     the Criminal Code, section 321 (Minor theft); or

        (d)     the Road Transport (Alcohol and Drugs) Act 1977 , section 19 (Prescribed blood alcohol concentration exceeded).

[3.10]     Section 349

omit

[3.11]     Section 350 (16), definition of loss

substitute

"loss"—see the Criminal Code, section 300.

[3.12]     Section 350 (16), definition of stolen property

substitute

"stolen property"—see the Criminal Code, section 314.

[3.13]     Section 367 (1)

after

this Act

insert

or the Criminal Code

[3.14]     Sections 386 to 386C

omit

Part 3.3     Crimes (Offences against the Government) Act 1989

[3.15]     New section 10 (3)

insert

    (3)     In this section:

"officer of the Territory" means—

        (a)     a public employee; or

        (b)     a person who performs services for the Territory or a Territory authority.

[3.16]     Section 10 (as amended)

relocate to the Crimes Act 1900 as section 153

[3.17]     New section 19 (3)

insert

    (3)     In this section:

"government premises" means any land, building or part of a building occupied by the Territory or a Territory authority.

"unreasonable obstruction" means anything done by someone that is, or contributes to, an obstruction of or interference with the exercise or enjoyment by other people of their lawful rights or privileges (including rights of passage on public streets) that is unreasonable in all the circumstances (including the place, time, length and nature of the obstruction or interference).

[3.18]     Section 19 (as amended)

relocate to the Crimes Act 1900 as section 154

[3.19]     Act repealed

The Crimes (Offences against the Government) Act 1989 A1989-34, as amended by this part, is repealed.

Part 3.4     Magistrates Court Act 1930

[3.20]     Section 59

omit

Part 3.5     Victims of Crime (Financial Assistance) Act 1983

[3.21]     Section 3

omit

A violent crime

substitute

    (1)     A violent crime

[3.22]     Section 3 , table

omit


91, 92

robbery offences

[3.23]     New section 3 (2)

insert

    (2)     An offence against the Criminal Code, section 309 (Robbery) or section 310 (Aggravated robbery) is also a violent crime .



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